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HomeMy WebLinkAbout12/14/19997. _ MINUTES ATTACHED BOARD OF COUNTY OOMMISSIONERS INDIAN R/VER OOUNTYv FLORIDA AGENDA - TUESDAY, DECEMBER 14,1999 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25`t' Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R Macht, Chairman (District 3) Fran B. Adams, Vice Chairman (District 1) Caroline D. Ginn (District 5) Ruth M. Stanbridge (District 2) John W. Tippin ' (District 4) 9:00 a.m. 1. CALL TO ORDER James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Kimberly Massung, Executive Aide to BCC Jeffrey K. Barton, Clerk to the Board L INVOCATION Chaplain Maynard Sweigard PAGES Indian River Correctional Institute 3. PLEDGE OF ALLEGIANCE Comm. Ruth M. Stanbridge 4. Aid MONS to the AGENDA/EMERGENCY ITEMS Delete or defer: - 1. Item 9A 1., Ondimnree amending the Zoning Ordiasace from CG, General Commercial District, to OCR, Of ice/Co tial District, for property located on the east side of 61k Avenue, approximately 850 feet south of 86 Street (Stella Lorene White and Evelyn Heal). 2. Item 9.A.2., Purchase of the Sabana and Emerson pamels of the Oslo Riverfront South LAAC site \ (Florida Communities Trust). 3. Item 9.8.2., Appeal by Jane and Irwin Prager of a Planning and Zoning D=W of a Request for a 7.5' Wall at 630136 Avenue. 4. Item I1.G.2., Round Island Oceanfront Park Resolution for Bureau of historic Preservation Grant Programs - Florida Marker and Museum Display Program. S. PROCLAMATION and PRESENTATIONS A. Presentation of Recycling Award (memorandum dated November 17, 1999) B. Presentation of Proclamation Honoring Ester L. Rymer on her Retirement Effective December 31, 1999 2-3 6. APPROVAL OF MINUTES A. Regular Meeting of November 2,1999 B. Regular Meeting of November 16,1999 HOK II FAGE 57® BOOK Ili FADE 7 7. CONSENT AGENDA BACKUP A. Received & Placed on File in Office of Clerk to the Board: PAGES 1) St. Johns Water Control District Notice of Regular Quarterly Meetings of Board of Supervisors 2) Report of Convictions. November 1999 B. Windsor Properties Inc. Request for Final Plat Approval for Plat 16 (Town Hall) Which is a Partial Replat of Phase I (memorandum dated December 7,1999) 4-15 C. Windsor Properties Inc. Request for Final Planned Development (PD) Plat Approval for Windsor Plat 18 (NW Perimeter) (memorandum dated December 7, 1999) 16-27 D. Brandon Capital Corporation's Request for Final Plat Approval to Replat Lots 28 and 29 of the Village of Lexington (memorandum dated December 7,1999) 28-32 E. Consideration of State Housing Initiatives Partnership (SHIP) Funds Set Aside Developer Selection Committee Recommendation (memorandum dated December 7, 1999) 33-35 F. Review and Consideration of Revised Indian River County Local Housing Assistance Plan (memorandum dated December 3, 1999) 36-44 G. Request to Enter Into a Public Transportation Joint Partici- pation Agreement with the Florida Department of Transpor- tation (FDOT) (memorandum dated December 7, 1999) 45-67 H. Bid Award: IRC #2013 Annual Chiller Maintenance for County Administration Building / Buildings & Grounds Div. (memorandum dated December 6, 1999) 68-76 L Additional Anti Drug Grant for M.A.C.E. Unit (memorandum dated December 8, 1999) 77-82, J. Recently Acquired Property — Tax Cancellation (memorandum December 6, 1999) 83-91 K. Acceptance of Conservation Easement Over the "Blue Goose" Property from Tom Collins (memorandum dated December 8, 1999) 92-100 BACKUP 8. CONSTITUTIONAL OFFICERS and PAGES GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,. AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG, GENERAL COMMERCIAL DISTRICT, TO OCR, OFFICEJCOMMERCIAI.MSIDENTIAL DISTRICT, FOR PROPERTY LOCATED ON THE EAST SIDE OF 6'x AVENUE, APPROXIMATELY 850 FEET SOUTH OF 8m STREET, AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE (Quasi -Judicial) Stella Lorene Wbite and Evelyn Beal Request to Rezone Aproximately 4.2 Acres from CG to OCR (memorandum dated November 30, 1999) 101-114 2. Approval of Purchase of the Salama and Emerson parcels of the Oslo Riverfront South LAAC Site (memorandum dated December 7, 1999) 115-148 3. Request for Authorization to Submit an FY 1999/2000 Grant Application for 49 USC CH. 53, Section 5307 Mass Transit Capital and Operating Assistance (Legislative) (memorandum dated December 7, 1999) 149-161 4. 1998 Local Law Enforcement Block Grant: Proposed Spending Plan (memorandum dated November 9, 1999) 162-163 B. PUBLIC DISCUSSION ITEMS 1. Consideration of Indian River County's Participation in Florida's Expedited Permitting Process (memorandum dated December 7, 1999) 164175 2. Appeal by Jane and Irwin Prager of a Planning and Zoning Commission Denial of a Request for a 7.5' Wall at 630 13`" Avenue (memorandum dated December 7, 1999) 174212 3. Appeal from Decision of County Administrator Con- cerning the Round Island Park Pedestrian Bridge to No Name Island (memorandum dated November 2, 1999) 213-293 BOOK III FAGE c1 i 2. BOOK 1h Fr?,Ut 57 BACKUP 9. PUBLIC ITEMS (cont'd.): PAGES C. PUBLIC NOTICE ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None B. Emergency, Services Approval of Hurricane Floyd Public Assistance Disaster Relief Funding Agreement with the State of Florida, Department of Community Affairs (memorandum dated December 6, 1999) 294-337 C. General Services 1. Bid Award IRC #2014 South County Parks Improvements Phase II — Public Works/ Engineering Division (memorandum dated December 6, 1999) 338-353 2. Winter Beach Cemetery Land Purchase (memorandum dated December 6, 1999) 354-364 D. Leisure Services None E. Office of Management and Budget None F. Personnel None G. Public Works 1. Traffic Signalization Plans for. 17'h St. & I.R. Blvd; V' St. & 6`� Ave.; 45" St. & Old Dixie Hwy; 69`h St. & Old Dixie Hwy.; C.R. 510 & S.R. AIA; S.R. 60 & 66`h Ave.; S.R. 60 & 90" Ave. (memorandum dated December 2, 1999) 365-366 2. Round Island Oceanfront Park Resolution for Bureau of Historic Preservation Grant Programs (memorandum dated December 7, 1999) 367-370 BACKUP 11. DEPARTMENTAL MATTERS lcont'd.l: PAGES H. Utilities 1. Domestic Wastewater Residual Agreement Quality Fruit Packers — Wastewater Treatment Facility (memorandum dated December 2, 1999) 371-375 2. Developer's Agreement for Pointe West Development Master Planned Force Main & Water Main Construction (memorandum dated December 6, 1999) 376-397 3. Reclaimed Water Use Agreement for Pointe West of Vero Beach — Golf Course (memorandum dated December 2, 1999) 398-410 I. Human Services None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Kenneth IL Macht Scholarship Student Art (no backup) B. Vice Chairman Fran B. Adams C. Commissioner Caroline D. Ginn A Resolution of Indian River County, Florida, Establishing a County Administration Building Advisory Committee 411-413 D. Commissioner Ruth Stanbridge E. Commissioner John W. Tippin BOOK III fAnUE 721 BOOK iii PAGE 57 BACKUP 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District 1. Approval of Minutes — meeting of Sept. 7, 1999 2. Approval of Minutes — meeting of Sept. 21, 1999 3. Approval to Purchase Fire and Emergency Incident Reporting Software (memorandum dated December 6, 1999) B. Solid Waste Disposal District None C. Environmental Control Board None 15. ADJOURNMENT PAGES 414-419 Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at 567-8000 x1223 at least 48 hours in advance of meeting. Meeting may be broadcast live on AT & T Cable Channel 13 — rebroadcast various times throughout the week Falcon Cable Channel 35 — rebroadcast Fridav evening • INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 1999 1. CALL TO ORDER .............................................. .1- 2. INVOCATION ................................................. -1- 3. PLEDGE OF ALLEGIANCE ...................................... .2- 4. ADDITIONS TO THE AGENDA ................................... 2- 5. PROCLAMATIONS AND PRESENTATIONS ........................ .2 - Item 13.A., Chairman Kenneth R Macht, Scholarship Student Art ........... 2- 5.A. Presentation of Recycling Award (Solid Waste Disposal District) ..... .3- S.B. Presentation of Proclamation and Retirement Award to Ester L. Rymer, Department of Community Development, Building Division, on her Retirement Effective December 31, 1999 ........................ -4- 6.A. APPROVAL OF MII'TUTES........................................ 6- 6.B. APPROVAL OF MINUTES ........................................ 6 - DECEMBER 14, 1999 -1 BOOK lil PAGE 576 • FF, -1 BOOK iii PAGE 5 77 7. CONSENT AGENDA ........................................... .7- 7.A. Reports .................................................. 7- 7.B. Windsor Properties, Inc. - Request for Final Plat Approval for Plat 16 (Town Hall) - A Partial Replat of Phase I ....................... .7- 7.C. Windsor Properties, Inc. - Request for Final Planned Development (PD) Plat Approval for Windsor Plat 18 (NW Perimeter) ................ .9- 7.D. Brandon Capital Corporation - Request for Final Plat Approval to Replat Lots 28 and 29 of the Village of Lexington (Lake -In -The -Woods) .... -11- 7.E. State Housing Initiatives Partnership (SHIP) Funds Set Aside Developer Selection Committee Recommendation - Straka & Associates ....... .13- 7.F. Resolution 99-131- Approval of Local Housing Assistance Plan for FY 2000-2001, 2001-2002 and 2002-2003 ........................ .16- 7.G. Resolution 99-132 - Authorizing Execution of Public Transportation Joint Participation Agreement with Florida Department of Transportation (DOT) (Council on Aging) ....................................... .22- 7.H. Bid #2013 - Annual Chiller Maintenance for County Administration Building - Johnson Controls ................................ .26- 7.I. Sheriff - M.A.C.E. Unit Anti -Drug Grant - Florida Department of Community Affairs (DCA) - Budget Amendment #2 ............. .27 - DECEMBER 14, 1999 7.J. Resolution 99-133 Cancelling Certain Delinquent Taxes on Publicly Owned Lands (Hurley Ray Rountree, Jr. - Oslo Road and 43' Avenue Right -of - Way); - Resolution 99-134 Cancelling Certain Delinquent Taxes on Publicly Owned Lands (Annette R. Roberts - Fleet Management Complex); - Resolution 99-135 Cancelling Certain Delinquent Taxes on Publicly Owned Lands (Richard D. King - e Street and Old Dixie Highway Right - of -Way); - and Resolution 99-136 Cancelling Certain Delinquent Taxes on Publicly Owned Lands (Carson and Ruby Wright - 130` Avenue Right -of - Way) .................................................. .29- 7.K. Conservation Easement - "Blue Goose" Property - Tom Collins ..... .41- 9.A.1. PUBLIC HEARING - ORDINANCE AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG, GENERAL COMMERCIAL DISTRICT, TO OCR, OFFICE/ COMMERCIAL/ RESIDENTIAL DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF 6TH AVENUE, APPROXIMATELY 850 FEET SOUTH OF 8TH STREET (STELLA LORENE WHITE AND EVELYN BEAL) .................. -44- 9.A.2. PUBLIC HEARING - OSLO RIVERFRONT SOUTH LAAC SITE - PURCHASE OF SALAMA AND EMERSON PARCELS (FLORIDA COMMUNITY TRUST) ............................................................ .44 - DECEMBER 14, 1999 -3- BOOK Oi L� [AGE 5�1 L iii A'ii tip: w BOOK iN' GE 5 9.A.3. PUBLIC HEARING - RESOLUTION 99-137 AUTHORIZING THE FILING OF FY 1999/00 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5307, MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE (COUNCIL ON AGING - FEDERAL TRANSIT ADMINISTRATION) ................. .44- 9.A.4. PUBLIC HEARING - 1998 LOCAL LAW ENFORCEMENT BLOCK GRANT PROPOSED SPENDING PLAN - SHERIFF - COMPUTERS AND SOFTWARE ........................................................... .49- 9.13.1. PUBLIC DISCUSSION ITEMS -PROPOSED RESOLUTION EXPRESSING SUPPORT FOR AND DESIRE TO PARTICIPATE IN FLORIDA'S EXPEDITED PERMITTING REVIEW PROCESS FOR SIGNIFICANT ECONOMIC DEVELOPMENT PROJECTS .................................... .52- 9.13.2. PUBLIC DISCUSSION ITEMS - APPEAL BY JANE AND IRWIN PRAGER OF A PLANNING AND ZONING COMMISSION DENIAL OF A REQUEST FOR A 7.5' WALL AT 630 13THAVENUE.............................. .56- 9.B.3. PUBLIC DISCUSSION ITEMS - APPEAL FROM DECISION OF COUNTY ADMINISTRATOR CONCERNING THE ROUND ISLAND PARK PEDESTRIAN BRIDGE TO NO NAME ISLAND .................... .56 - DECEMBER 14, 1999 • • 11.B. HURRICANE FLOYD PUBLIC ASSISTANCE DISASTER RELIEF FUNDING AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF COI%DAUNITY AFFAIRS ....................................... .72- 11.C.1. BID #2014 - SOUTH COUNTY PARKS RVIPROVEMENTS PHASE II - REJECT ALL BIDS ...................................... .73- 11.C.2. WINTER BEACH CEMETERY LAND PURCHASE - WINTER BEACH CEMETERY ASSOCIATION (WOODLEY HOLDING COMPANY, TOM DEBERRY)........................................ .75- 11.G.1. TRAFFIC SIGNALIZATION PLANS FOR (1) 17TH STREET AND INDIAN RIVER BOULEVARD; (2) 21' STREET AND 6' AVENUE; (3) 45' STREET AND OLD DDGE HIGHWAY; (4) CR -5 10 AND SR AlA; (5) SR -60 AND 66' AVENUE; AND (6) SR -60 AND 90' AVENUE (HUGHES HALL, INC. AND FLORIDA DATABASE SYSTEMS) ............................................. .78- 11.G.2. RESOLUTION FOR ASSISTANCE FROM BUREAU OF HISTORIC PRESERVATION'S GRANT PROGRAMS - ROUND ISLAND OCEANFRONT PARK - FLORIDA MARKER AND MUSEUM DISPLAY PROGRAM .................................... .80 - DECEMBER 14, 1999 -5- BOOK ill PAGE BOOK iii FAAK 11.H.1. QUALITY FRUIT PACKERS - DOMESTIC WASTEWATER RESIDUAL AGREEMENT - WASTEWATER TREATMENT FACILITY ...... .80- 11.H.2. POINTE WEST DEVELOPMENT - DEVELOPER'S AGREEMENT FOR MASTER PLANNED FORCE MAIN AND WATER MAIN CONSTRUCTION ....................................... .81- 11.H.3. POINTE WEST OF VERO BEACH - RECLAIMED WATER USE AGREEMENT FOR THE LINKS AT POINTE WEST GOLF COURSE ...................................................... .84- 13.A. CHAIRMAN KENNETH R. MACHT - SCHOLARSHIP STUDENT ART .. -85- 13.C. COMMISSIONER CAROLINE D. GINN - ESTABLISHMENT OF COUNTY ADMINISTRATION BUILDING ADVISORY COMIVIITTEE ........... .86- 14.A. EMERGENCY SERVICES DISTRICT ............................. .87 - DECEMBER 14, 1999 December 14, 1999 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on Tuesday, December 14, 1999 at 9:00 a.m. Present were Kenneth R. Macht, Chairman; John W. Tippin; Caroline D. Ginn; and Ruth Stanbridge. Vice Chairman Fran B. Adams was in Tallahassee regarding the shared title issue. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia "PJ" Jones, Deputy Clerk. 1. CALL TO ORDER Chairman Macht called the meeting to order. 2. INVOCATION Commissioner Ginn delivered the Invocation. DECEMBER 14, 1999 -1- BOOK m'UE 53,x+ -1 � BOOK ���.�. F�1'r 5 "23 3. PLEDGE OF ALLEGIANCE Commissioner Stanbridge led the Pledge of Allegiance to the Flag. 4. ADDITIONS TO THE AGENDA Chairman Macht noted that the following items are being either deleted and/or deferred: 1. Item 9.A.1., Ordinance amending the Zoning Ordinance from CG, General Commercial District, to OCR, Office/Commercial/Residential District, for property located on the east side of 6' Avenue, approximately 850 feet south of 8' Street (Stella Lorene White and Evelyn Beal). 2. Item 9.A.2., Purchase of the Salama and Emerson parcels of the Oslo Riverfront South LAAC site (Florida Communities Trust). 3. Item 9.B.2., Appeal by Jane and Irwin Prager of a Planning and Zoning Commission Denial of a Request for a 7.5' Wall at 630 136` Avenue. 4. Item 11. G.2., Round Island Oceanfront Park Resolution for Bureau of Historic Preservation Grant Programs - Florida Marker and Museum Display Program. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously made these changes to the Agenda. 5. PROCLAMATIONS AND PRESENTATIONS (CLERK'S NOTE: Item 13.A.. Chairman Kenneth R. Macht, Scholarship Student Ark was presented at this time. See Page 85.) _ DECEMBER 14, 1999 • } S.A. PRESENTATION OFRECYCLIlVGAWARD SOLID WASTEDISPOSAL DISTRICT The Board reviewed a Memorandum of November 17, 1999: DATE: NOVEhaM 17,1999 TO: JAMES E. ClIANDI ER a COUNTY ADMINISTRATOR p I THRU: DONALD R. HUBBS, DIRECTOR 7 � +�j' a4 SOLID WASTE DISPOSALDISTRICi +" O� r�%%Igoe FROM: RONALD R. BROOK$ MANAGER SOLID WASTE DISPOSAL DISTRI SUBJECT: RECYCLJNG AWARD VEY M F • LI Since the County raqcling irograin ••"6"', the County has presented recycling awards In groups and individuals who go "above and beyond" in recycling efb s. The recq ieut(s) is invited to attend the designated BCC meeting and the chairman of the BCC makes the plaque presentation. The Winter 1999 MOM is a group of vOhmtm residents of Indian River Estates As usual, the plaque and presentation notes for the presenter will be brought tO the BCC office in plenty of time. The SWDD staff requests that the BCC chairman conduct the recycling award preservation during the regular BCC meeting of December 7,1999, recognizing these positive citizen efforts t Jeff Smith, Assistant Utilities Director, presented the 1999 Volunteer Recycling Award to Christina Purinton, Elizabeth Whittall and Winnie McCandlish of Indian River Estates and noted that these ladies have formed their own recycling program and have worked very hard encouraging their fellow residents to recycle. DECEMBER 14, 1999 -3- BOOK PtiGE BOOK III PAGE 535 S.B. PRESENTATION OFPROCLAMATIONANDRETIREMENTAWARD TO ESTER L. RYMER, DEPARTMENT OF COMMUNITYDEVELOPMENT= BUILDING DIVISION, ONHER RETIREMENT EFFECTIVE DECEMBER 31, 1999 The Chairman presented the following Proclamation and Retirement Award to Ester Rymer: PROCLAMATION HONORING ESTER L MER ON HER RETIREMENT FFFFECTM DECEMBER31,1999 WHMMAS, Eater L Rymer has announced her retirementtrom the Department of Community D evelopmeru Building Division and Indian River County Board of Coumy Commissioners eaecive December 31,1999-, and WHEREAS, EaterL Rymerbegmhaemploymmtwiththe Cityof VaoBeachonAug=Z7,1958, as a Clerk with Public works. Since that time, she has held the positions of Secretary in 1961, Office Manager in 1972, Deputy Zoning Official in 1975, and Supervisor of Zoning in 1976. She became the Director of Building and Zoning on January 27, 1978, and the position title she currently holds today is Director of Budding and WMEAS, Eater L Bymrwas instrumental in the transfer ofthe Qty of Vero Beachllndian Riva CmgBuikrmgDepartmmt to thebur=RivrCountyBoard ofCountyComm6doners inOetoberof 1983; and WEEREA.S, Ester L Rymer was responsible for the direction and supervision ofall activities ofthe department including b nWmg permitting, bu0dmg iaVecdon% buujdmg code erdorcatmu, building plan review, contractor licensing and bmaoce of cert of occupancy, and WHEREAS, Fater Ryuaerwaa ataffrepresm�ve for the City of Vero Beach Building Code Board ofAppeals md*r Udim Riva County Building Code Board of-WA=ents and Appeals and Wi�REAS.duringltemueasBnuldmgOii3cislover68,000buuWmgpermitahavebeeaiawed The aurew assessed budding value of these permits is over 52.5 billion NOW, TfamwORE, BE 1T PROCF.A&= BY THEBOARD OF COUNTY COMM=ONERS OF INDIAN mvm COUNTY, Fj omA, that the Board applauds the tremendous efforts of Ester L Rymer on behalf of this County, and the Board wishas to express their appreciation to Ester L Rymer for her dedication and cramplary service to Indian Riverl,oumy. DECEMBER 14, 1999 BE ,M . « � that the Board wishes Eaw L Rymer thaverybestinherfiftre Dated this 14* day dDecamber 1999. BOARD OF COUNTY COMAMONERS INDIAN RTVMt COUNTY, FLORIDA cat cr�', Tis is to urtifiq t#ut is #trtb;j prPBwftb the litfirPmut Award fvr MTw :prrfaru M= ub fttithful srrd" to ?a"a AWA eo Odf &aa Py &04 &Xff � for. 4�ky ©Ke - yrttrs of srruirr on this 31st bmj of $ecwdwA 19 99 DECEMBER 14, 1999 -5- BOOK iii FAGE58 BOOK PAGEM? Ester Rymer expressed her thanks and noted that she has had an amazing career and has really enjoyed her job. She felt she has the greatest staff in Indian River County and they have supported her throughout her career. They are the backbone of the Building Department. 6.A. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of November 2, 1999. There were none. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously approved the Minutes of the Regular Meeting of November 2, 1999, as written. 6.B. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of November 16, 1999. There were none. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously approved the Minutes of the Regular Meeting of November 16, 1999, as written. DECEMBER 14, 1999 7. CONSENT AGENDA Commissioner Tippin asked that Item 7.E. be separated for discussion. Commissioner Stanbridge asked that Item 7.K. be separated for discussion. 7.A. REPORTS The following reports have been received and are on file in the Office of the Clerk to the Board: 1. St. Johns Water Control District Notice of Regular Quarterly Meetings of Board of Supervisors 2. Report of Convictions, November, 1999 Z.B. WINDSOR PROPERTIES. ING - REQUEST FOR FINAL PLATAPPROVAL FOR PLAT 16 (TOWNHAW -A PARTIAL REPLAT OF PHASE I The Board reviewed a Memorandum of December 7, 1999: TO: James E. Chandler County Administrator D HEAD CONCURRENCE: M. Keating, AICP Community Development i=c—�� 7 THROUGH: Stan Boling,"AICP Planning Director \ FROM: John W. McCoy; AICP Senior Planner, Current elopment DATE: December 7, 1999 SUBJECT: Windsor Properties Inc. Request for Final Plat Approval for Plat 16 (Town Hall) Which is a Partial Replat of Phase I DECEMBER 14, 1999 ,y BOOK iii PAGE 589 I1 is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, IM. DESCREMON Windsor final planned development (PD) plat 16 (Town Hall) is a replat of a portion of Windsor Phase I. The replat consists of .S acres and establishes a single tract and rlgbt-of-way. The trod is being Platted as the site foraTown Hall. The Town Hall is presently under construction, and located on the east side of Windsor's village area The right -0f -way is being platted for road. utility, and Pig PurpoSes, and connects into an existing infiastrucMm network, At its regular meeting of December 10, 1998, the Phnming and Zoning Commission granted Preliminary PD Plan/Plat approval for Windsor Plat 16, which provided for the replat and consmMm of the Town Hall. The applicant, Windsor Properties, Inc., Is now requesting final plat approval, through its agent, Knight, McGuire & Associates, Inc,, and has submitted the following. 1. A final plat in conformance with the approved preliminary PD PW (plat for the mplat 2 A certified engineer's cost estimate for the remaining required improvements. 3. A contract for construction for the remaining required improv. 4. A cash escrow agreement to guarantee the contract for duction. The applicant has constructed most of the required improvement& but will need to bond -out some minor improvements. These minor improvements include drainage and curbing work. The certified cost estimate has been.approved by the Public works and utility Services Departments. The contract for construction has been reviewed and approved by the County Attorney's Office. All requirements of final plat approval have been met Based on the analysis, staff recommends that the Board of County Commissioners: 1. Grant final plat approval for the Windsor Plat 16 (Town Hall) replat, and 2 Authorize the Chairman to sign the contract ft construction and cash escrow agreement. ON MOTION by Commissioner Grin, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously granted final plat approval for the Windsor Plat 16 (Town Hall) replat and authorized the Chairman to sign the contract for construction and cash escrow agreement, as recommended by staff. DOCUMENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 14, 1999 0 Z C. WINDSOR PROPERTIES, INC- -REQUEST FOR FINAL PLANNED DEVELOPMENT (PD) PLATAPPROVAL FOR WINDSOR PLAT 18 (NW PERIMETER) The Board reviewed a Memorandum of December 7, 1999: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keating, AI Community Developm t r THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP:a Senior Planner, Current Development DATE: December 7,1999 SUBJECT: Windsor Properties Inc. Request for Final Planned Development (PD) Plat Approval for Windsor Plat 18 (NW Perimeter) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 7, 1999. Windsor plat 18 curates 15 single-family residential lots and 5 tracts from a 10.54 acre parcel. The proposed tracts are to be used for landscaping and recreation. One tract is to be used for multi- family development. The subject development is located in the northwest section of the overall Windsor Development The proposed plat replats a small portion of the golf course area that was previously platted as part of Windsor's Phase I plat At its regular meeting of August 27, 1998, the Planning and Zoning Commission granted preliminary PD plan/plat approval for the Windsor Plat 18. The applicant, Windsor Properties, Inc., is requesting final plat approval through their agent, Knight, McGuire & Associates, Inc.,who has submitted the following: DECEMBER 14, 1999 0 _g_ BOOK M PAGE 59.0 r BOOK ill PAGE 59 1. A final plat in conformance with the approved preliminary PD plan/plat. 2. A certified engineer's cost estimate for the remaining required improvements. 3. A contract for constriction for the remaining required improvements. 4. A cash escrow to guarantee the contract for constriction. The applicant has constructed most of the required improvements, but will need to bond -out for some minor remaining improvements. These remaining improvements include buffer landscaping, signs and sodding. The certified cost estimate for these remaining improvements has been approved by Public Works. The contract for constriction has been reviewed and approved by the County Attorney's Office. All requirements of final plat approval have been met. Based on the analysis, staff recommends that the Board of County Commissioners: 1. Grant final plat approval, for Windsor Plat 18 (NW Perimeter), and 2. Authorize the Chairman to sign the contract for construction and the cash escrow agreement. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously granted final plat approval for Windsor Plat 18 (NW Perimeter) and authorized the Chairman to sign the contract for construction and the cash escrow agreement, as recommended by staff. DOCUMENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD — DECEMBER 14, 1999 0 ZD. BRANDON CAPITAL CORPORATION- REQUEST FOR FINAL PLAT APPROVAL TO REPLAT LOTS 28 AND 29 OF THE VILLAGE OF LEXINGTON (LASE -IN -THE -WOODS The Board reviewed a Memorandum of December 7, 1999: TO: James E. Chandler County Administrator D N HEAD CONCURRENCE: Obert Keating, CP - - - : ' :Z- 77 Community Developmen THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP Senior Planner, Current Development DATE: December 7, 1999 SUBJECT: Brandon Capital Corporation's Request for Final Plat Approval to Replat Lots 28 and 29 of the Village of Lexington It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, 1999. The Village of Lexington is a 37 lot subdivision of a 14.69 acre parcel of land loci in the southern portion of the Lake -In -The -Woods development, north of 16' Street and west of 66th Avenue. The subject property is zoned RM -6, Residential Multi -Family (up to 6 units/acre), and has a land use designation of L-2, Low Density 2 (up to 6 units/acre). The original final plat was approved by the Board of County Commissioners at its regular meeting of April 18, 1995. Due to a surveying and construction error, the applicant has requested a replat of lots 28 and 29. The replat will shift the lot boundaries to fit over the proposed building improvements. No increase in the number or size of lots is proposed DECEMBER 14, 1999 • BOOK IiI mu- I 6008 i i I PAGE 59,3 The developer, Brandon Capital Corporation, obtained preliminary plat approval for the replat on February 11, 1999. The developer is now requesting final plat approval and bas submitted a final plat that is in conformance with the approved preliminary plat. No new improvements were necessary to serve the replatted lots; therefore. no land development permit was required for the replat. Consequently, • no certificate of completion, contract for construction, warranty and maintenance agreement, or bonding is required. All departments have reviewed and approved the form and substance of the final plat. All requirements of final plat approval have been satisfied Based on the above analysis, staff recommends that the Board of County Commissioners approve the final plat. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously approved Brandon Capital Corporation's request for final plat approval to Replat Lots 28 and 29 of the Village of Lexington (Lake -In -The -Woods), as recommended by staff. DECEMBER 14, 1999 7.E. STATE HOUSING INITIATIVES PARTNERSHIP (SHIP FUNDS SET ASIDE DEVELOPER SELECTION COMMITTEE RECOMMENDATION - STRAKA & ASSOCIATES The Board reviewed a Memorandum of December 7, 1999: TO: James E. Chandler County Administrator D I N HEAD CONCURRENCE: Robert M. Keating, AICP Community Development Direct FROM: Sasan Rohani, AICPdG ' Chief, Long -Range Planning DATE: December 7, 1999 SUBJECT: CONSIDERATION OF STATE HOUSING INTTIATIVES PARTNERSHIP (SHIP) FUNDS SET ASIDE DEVELOPER SELECTION COMMITTEE RECOMMENDATION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, 1999. BACKGROUND On September 7, 1999, the Board of County Commissioners agreed to set aside $150,000 of SHIP funds each year for the next three fiscal years for eligible clients of affordable housing developers. These SHIP funds are then to be used by the developer as a match for Home Investment Partnership (HOME) funds. The Board also authorized the Community Development Director to advertise a Request for Proposals (RFP), and appointed a three member selection committee to rank proposals and recommend selection of a developer to the Board for approval. As structured, the HOME program provides down payment and closing cost assistance to eligible persons for purchase of affordable housing. HOME program assistance takes the form of a no interest, non -amortized, second mortgage loan to the homebuyer. That loan does not have to be paid back as long as the borrower continues to reside in the house and occupies it as his principal residence. The remaining cost of the house is financed with a first mortgage loan through sources such as FHA, sub -prime lenders, or others. HOME funds must be used for down payment and closing costs associated with the purchase of single-family, owner occupied affordable housing units by very low and low income households. DECEMBER 14, 1999 -13- BOOK ill FADE r 0 BOOK ! PAGE To receive HOME funds, interested affordable housing developers must apply to the Florida Housing Finance Corporation. Like many giant programs, the HOME program is a competitive grant process. To maximize scores in this process, applicants need to secure a loc4l match. One source of funds which may be used as a local match for HOME program funds is SHIP money. As part of a HOME grant project, SHIP funds may be used to pay all or a portion of applicable impact fees. In that case, a bank or other financial institution would take a first mortgage; the HOME program would take a second mortgage, and the SHIP program would take a third mortgage on each assisted home. ANALYSIS One of the goals of the county's local housing assistance plan is to increase home ownership for very low and low income households. In many cases, an eligible household can afford a mortgage payment, but cannot save money for down payment and closing costs. With a combination of HOME program funds and SHIP program funds, eligible households may have the opportunity to acquire housing units which are affordable. Based on the Board of County Commissioners' actions at its September 7, 1999 meeting, county staff prepared a Request for Proposals (RFP) for the SHIP funds set aside. Two proposals were submitted in response to the RFP. A selection committee, consisting of Jason Brown, Budget Analyst; Terry O'Brien, Assistant County Attorney; and Robert Keating, Community Development Director, reviewed the submitted proposals and heard presentations by the developers. Based on each firm's written proposal and presentation, the selection committee ranked the two developers. The developers were ranked as follows: Final Ranking: 1. Straka and Associates, Inc. 2. Heritage Rural Housing, Inc. ALTERNATIVES The Board of County Commissioners has two alternatives regarding the selection committee's ranking. These alternatives are: • To accept the selection committee's ranking • Not to accept the selection committee ranking Based on the analysis, staff supports the first alternative. DECEMBER 14, 1999 Staff recommends that the Board of County Commissioners approve the selection committee's ranking and authorize the Community Development Director to begin contract negotiations with Straka and Associates, the number one ranked developer. Commissioner Tippin announced that he had a conflict of interest regarding this item and would abstain from voting. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 3-0 vote (Commissioner Adams absent and Commissioner Tippin abstaining) approved the selection committee's ranking and authorized the Community Development Director to begin contract negotiations with Straka and Associates, the number - one ranked developer, as recommended by staff. FORM 8B, MEMORANDUM OF VOTING CONFLICT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 14, 1999 -15- BOOK NAG -L'5'90' r 0 BOOK 1h PAGE b97 7. F. REsoL UTIoN 99-131- APPROVAL of LOCAL HousyyG ASSISTANCE PLANFoR FY2000-2001.2001-2002 AND 2002-2003 The Board reviewed a Memorandum of December 3, 1999: TO: James E. Chandler County Administrator D ION HEAD CONCURRENCE: Robert M. Keating, AiOP Community Development Di for FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: December 3, 1999 SUBJECT: REVIEW AND CONSIDERATION OF REVISED INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PLAN It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, 1999. DESCRIPTION AND CONDITIONS Background Pursuant to the requirements of Section 420.907, F.S., the State Housing Initiatives Partnership Program (SHIP), and Rule 9I-37.005, Florida Administrative Code (FAC), the Board of County Commissioners approved the Indian River County Local Housing Assistance Plan (Ordinance #93- 13) on April 6, 1993. In June, 1993, the Florida Housing Finance Corporation approved the county's plan and authorized the disbursement of SHIP funds. According to a 1993 amendment to Rule 9I-37.005(2), Florida Administrative Code, the county must periodically submit a new Local Housing Assistance Plan to the Florida Housing Finance Corporation. Accordingly, the county's plan was revised in 1994 and 1997. DECEMBER 14, 1999 -16- • On March 11, 1997, the Board of County Commissioners adoptetTresolution #97-16, which approved the county's revised 3 year plan for FY 97-98, FY 98-99, and FY 99-2000. The Florida Housing Finance Corporation then approved the county's revised plan on April 21, 1997, and authorized -the disbursement of SHIP funds until June, 2000. The plan, however, can be amended as needed Since 1997, the plan has been revised several times to modify some of the local housing assistance program requirements or to enact some minor clean up changes to the plan. The last set of revisions to the plan was done in September 1998. The county's new 3 year plan for FY 2000- 2001, FY 2001-2002, and FY 2002-2003 is due to the FHFC by May 1, 2000. ANALYSIS To meet the May 1, 2010 submittal requirement, county staff has prepared a revised Local Housing Assistance Plan. A copy of that plan is on file in the Board of County Commissioners Office. Since its initial adoption in 1993, the county's Local Housing Assistance Plan has been successful in providing assistance to the eligible households. The following table indicates the SHIP allocations and number of loans given to eligible applicants by fiscal year and by income category. SHIP PROGRAM REPORT FY MOUNT OF HIP FUNDING state funding dye # OF LOANS APPROVED # AND % OF LOANS APPROVED BY INCOME CATEGORY VLI % I % No % 2-93 250,000.00 1 13 1.7117 1.66 11 6.83 3-94 250,000.00 7 12 2.4318 8.65 18.92 4-95 250,000.00 0 11 6.6713 3.33 0.00 5.96 565,773.00 8 19 32.76h5 0.34 6.90 6-97 632,136.00 4 5 47.3034 5.95 6.76 7-98 622,455.00 5 2 33.8536 5.38 10.77 -99 903,723.00 3 35.9437 7.81 6.25 -2000 YTD 750,775.00 3 12 2.17 4.78 13.04 OTAL ,224,862.00 92 147 7.50198 kO.51 7 11.99 Rev: 71008 VU: Very Low Income LI: Low Income MI: Moderate Income The new plan basically will be a continuation of the county's existing plan with only minor changes. As proposed, the new plan encompasses updated income information and projected expenditures for the new fiscal years. While no new assistance strategies are proposed, one plan revision will expand the impact fee loan strategy to cover moderate income households. The existing plan provides impact fee loans only to very low and low income households. No other substantive changes are proposed. DECEMBER 14, 1999 L- • -17- 1 BOOK III PAGE50, r BOOK III PAGE 599 As drafted, the proposed plan meets all state and local requirements. Once adopted and approved by the state, the Local Housing Assistance Plan will provide the basic framework and operating procedures for the SHIP program for FY2000-2001, FY 2001-2002, and FY 2002-2003. This includes SHIP program strategy qualification requirements and other provisions . ALTERNATIVES With respect to the new 3 year Local Housing Assistance Plan, the Board of County Commissioners has three alternatives. These are: ► adopt the new plan ► adopt the new plan with changes ► reject the new plan Staff supports either of the first two alternatives. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution approving the new Indian River County Local Housing Assistance Plan, authorize the chairman to sign the certification page of the plan, and direct staff to submit two copies of the new plan to the Florida Housing Finance Corporation for its review and approval. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously authorized the Chairman to sign the certification page of the Plan; directed staff to submit 2 copies of the new Plan to the Florida Housing Finance Corporation for its review and approval;. and adopted Resolution 99-131 approving the County's Local Housing Assistance Plan for FY 2000-2001, 2001-2002, and 2002-2003 CERTIFICATION AND LOCAL HOUSING ASSISTANCE PLAN ARE ON FILE IN THE OFFICE OF THE CLERK — TO THE BOARD DECEMBER 14, 1999 0 RESOLUTION NO 99- 131 A RESOLUTION OF THE BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN FOR FY 2000-2001, 2001-2002, AND 2002-2003. WHEREAS, Chapter 420, Florida Statutes, describes the State Housing Initiative Partnership Program (SHIP), and states that the principal objective of that program is to increase the amount of affordable housing within the State of Florida; and WHEREAS, on April 6, 1993, Indian River County approved ordinance number 93-13, establishing the Local Housing Assistance Program; and WHEREAS, the current county's Local Housing Assistance plan expires on June 30, 2000; and WHEREAS, The county's current Local Housing Assistance Plan adequately addresses the county's affordable housing needs; and WHEREAS, The new plan is basically an extension of the county's existing Local Housing Assistance Plan; and WHEREAS, on December 14th, 1999, the Board of County Commissioners considered proposed amendments to the county's Local Housing Assistance Plan; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: Section 1. The above recitals are ratified in their entirety Section 2. The attached Indian River County Local Housing Assistance Plan for FY 2000-2001, 2001-2002, and 2002-2003 is hereby approved by the Board of County Commissioners. DECEMBER 14, 1999 -19- BOOK PAGE® r � BOOK �.,� PAGE Section 3. The Board of County Commissioners directs staff to submit two copies of the Indian River County Local Housing Assistance Plan to the Florida Housing Finance Corporation by certified mail. A minimum of one of the two copies shall bear the original signature of the authorized official. Section 4. The county shall continue utilizing ten percent (10%) of the state SHIP allocation for administration of the SHIP program. Section 5. The county's maximum assistance from SHIP funds could be thirty-nine thousand dollars ($39,000.00) per unit, and the average assistance will be fourteen thousand dollars ($14,000) per unit. Section 6. The following table indicates the average and maximum per unit SHIP funds allowable for each strategy: STRATEGY AVERAGE LOAN AMOUNT MAXIMUM LOAN AMOUNT Impact Fee Grant 5,000.00 7,500.00 Impact Fee Loan 5,000.00 7,500.00 Downpayment/Closing 10,000.00 15,000.00 Cost Loan Rehabilitation Loan 14,000.00 20,000.00 Rehabilitation Grant 14,000.00 20,000.00 Land Acquisition 7,500.00 10,000.00 Loan Land Bank -Market 7,500.00 10,000.00 Purchase Loan Land Bank -Tax Deed 7,500.00 10,000.00 Purchase Loan DECEMBER 14, 1999 • -20- • • • The foregoing resolution was offered by Commissioner GipA _ and seccaded by Commissioner Stanbridge , and being put to a vote, the vote was as follows: Chairman, Kenneth R. Macht Ave Vice Chairman, Fran Adams AbsSnt Commissioner, Caroline D. Ginn Ay Commissioner, Ruth Stanbridge Commissioner, John Tippin -W The Chairman thereupon declared the resolution duly passed and adopted this 14th day of December, 1999. Board of County Commissioners of Indian River County By: neth R. Mac Chai=n nt, Attest by: Je K ton, Cler APPROVED AS TO F RId AND �EGAL SUFFICIENCY BY siffR iam G. Collins, II Deputy County Attorney u\v\h\housing.res DECEMBER 14, 1999 -21- ��,�Id� C � BOOK ' FAGE 1�1i BOOK i I I PAGE 603 7. G. RESOLUTION 99-132 - AUTHORIZING EXECUTION OFPUBLIC TRANSPORTATION JOINT PARTICIPATIONAGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (DOT) (COUNCIL ONAGING� The Board reviewed a Memorandum of December 7, 1999: TO: James Chandler County Administrator THROUGH: Robert M. Keating, AICP"K Community Development Director FROM: Jacob Riger a 9 - MPO MPO Planner DATE: December 7, 1999 SUBJECT: REQUEST TO ENTER INTO A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, 1999. For the past several years, Indian River County has applied for and received federal mass transit capital and operating assistance under 49 USC Ch. 53, Section 5307 (formerly and more widely known as Section 9 of the Federal Transit Act). For FY 1999/00, Indian River County is eligible to apply for a Section 5307 grant in the total amount of $606,861 in federal funds. Of this amount, $152,725 would be used for capital assistance, and $454,136 would be used for operating assistance. The federal funds used for operating assistance are to be matched by $454,136 in state and local funds. Of the $454,136 thatch amount, $227,068 is to come from a state Public Transit Block Grant (PTBG), and $227,068 is to be provided by Indian River County with previously approved general fund monies budgeted specifically for this purpose. To receive the PTBG funds, the County must enter into a Joint Participation Agreement with FDOT, a copy of which is attached to this staff report (Attachment 1). Applying for Section 5307 funds includes several steps. For FY 1999/00, the first step is to apply for Florida PTBG funds. Subsequent steps include applying for federal capital and operating assistance and applying for Florida toll revenue credits for use as a soft match to receive federal capital assistance. In requesting authorization to apply for PTBG funds, staff is also requesting authorization to apply for federal and other state funds comprising the Section 5307 pmgram. Staff will obtain separate Board authorization for each application to be submitted as part of the Section 5307 program. In fact, the County's proposed FY 1999/00 Section 5307 grant application is DECEMBER 14, 1999 • discussed in a separate staff report. The County will pass the Section 5307 and the PTBG funds through to the Indian River County Council on Aging, Inc. (COA) for continuation and expansion of public transportation services. The COA will use the Section 5307 and PTBG monies to fund its Community Ctfach fixed route and dial -a -ride transit services. A significant component of the matching funds for the operating assistance portion of the Section 5307 grant comes from the state PTBG. Enacted by the Florida Legislature to provide a state -based source of funding for public transit, state PTBG funds are awarded to those public transit providers eligible to receive funding from the Federal Transit Administration's Section 5307 and Section 18 programs and to Community Transportation Coordinators. According to state regulations, the PTBG funds may be used for both eligible capital and operating costs of public transit providers. Because the local match requirement for the capital portion of the County's FY 1999/00 Section 5307 grant may be met by soft -match rather than cash -match funds (which effectively provides for 100% federal funding of capital expenses), the entire FY 1999/00 PTBG is proposed as a partial match for Section 5307 operating funds. PTBG funds may not exceed 50% of the nonfederal share of total eligible operating expenses of transit service provision. Activities funded with PTBG funds are to be consistent with applicable approved local government comprehensive and transit plans. As with the FTA Section 5307 grant program, only public agencies may be designated recipients of PTBG funds, although a nonprofit provider may receive such funds through a designated recipient. Under these restrictions, the COA has requested that the Board of County Commissioners apply for state PTBG funds on its behalf. The attached Joint Participation Agreement (JPA) is an agreement between FDOT and Indian River County specifying the requirements which the County must meet in order to receive PTBG funds. One of the most important of these requirements is that the County submit a Transit Development Plan to FDOT. Recently, the Indian River County MPO developed an updated Transit Development Plan for the entire MPO area, and submitted the plan to FDOT in order for the County to be eligible to apply for and receive PTBG funds. As specified in the JPA, the MPO will prepare and submit to FDOT a minor update of the TDP by July 1, 2000. As indicted in the attached JPA, the County, by May 1, 2000, must publish in the newspaper the productivity and performance measures established for the transit system. The COA will provide these data along with other required reports of local transit service. There are also Disadvantaged Business Enterprise (DBE) requirements in the JPA that are incorporated within the Section 5307 grant program. As required by FTA, County and COA staff recently prepared, obtained Board approval, and submitted to FTA an updated DBE Plan. The attached resolution (Attachment 2) authorizes the Chairman to execute the JPA for PTBG funds. Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, County staff will transmit the JPA to FDOT. Staff recommends that the Board of County Commissioners approve the attached Public Transportation Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. Staff finther recommends that the Board of County Commissioners authorize staff to proceed with the application process for federal and other state funds comprising the Section 5307 program. DECEMBER 14, 1999 • —23— BOOK iil' FMGE R es BOOK , tnE C" ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously approved the Public Transportation Joint Participation Agreement; authorized staffto proceed with the application process for federal and other state funds comprising the Section 5307 program; and adopted Resolution 99-132 authorizing the execution of a Public Transportation Joint Participation Agreement with the Florida Department of Transportation. JOINT PARTICIPATION AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD - RESOLUTION NO. 9 9 -13 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and WHEREAS, Indian River County intends to submit an FY 1999/00 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 1999/00 Florida Public Transit Block Grant; and WHEREAS, Man River County is eligible to receive grant fimding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and DECEMBER 14, 1999 • WHEREAS, the Florida Department of Transportation provides Public Transit Block Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Chairman of the Indian River County Board of County Commissioners is awhorizad to execute a public transportation Joint Participation Agreement with the Florida Department of Transportation to obtain FY 1999/00 Florida Public Transit Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 1999/00 49 USC Ch. 53, Section 5307 grant application. That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 1999/00 Public Transit Block Grant. THIS RESOLUTION was moved for adoption by G i nn -and the motion was seconded by Stanbridge , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht A v e Vice -Chairman Fran B. Adams Absent Commissioner Caroline D. Ginn AyP . Commissioner Ruth Stanbridge Aye Commissioner John W. Tippin Aye The Chairperson thereupon declared the resolution duly passed and adopted thig 4th day of December , 1999. BOARD OF COUNTY COMMISSIONERS INDIAN RIVE OUNTY, FIZRRIDA AfiBy: nneth R. Macht, Chairman Board of County Commissioners ATTEST: eHrey K. Barto e DECEMBER 14, 1999 -25- 0 BOOK i11 PAGE 06 BOOK h. fAU ,? State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally. apetDc�Y' R. MACHT, as Chairman of the Board of County Commissioners, and „ " as Deputy Cleri:. to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 14 t h day of n a r a m h. r A.D., 1999. FV13HR311ACON� , r Onberly E Massung _.; MY COMMISSION # CC855/36 EXPIRES 7u 15 �'�pJ�4$'� BOImFD7HRU 1NF0YFNN�PSURANCE we Z.H. BID #2013 - ANNUAL CHILLER MAINTENANCE FOR COUNTY ADMINISTRATIONBUILDING - JOHNSON CONTROLS The Board reviewed a Memorandum of December 6, 1999: DATE: December 6, 1999 TO, BOARD OF COUNTY COMMISSIONERS TMU.. James E. Chandler, County Administrator Thomas Frame, General Services =1�� FROM: Fran Boynton Powell, Purchasing SUBJECT. Bid Award: IRC #2013 Annual Chiller Maintenance for County Administration Building/Building & Grounds Division BACKGROUND INFORMATION Bid Opening Date: November 10, 1999 at 2:00 P.M. Advertising Dates: October 22 & 27, 1999 Specifications Mailed to: Eighteen (18) Vendors Replies: Three (3) Vendors "No Bid" Response: Two (2) Vendors V ; BID TOTAL Johnson Controls $5,910.00 Orlando, FI DECEMBER 14, 1999 • -26- • • South Florida Trane Service West Palm Beach, Fl Irvine Mechanical Orlando, Fl •:.0 • 1.1 • : i• • •J_ • ALL• 21 55,988.00 $7,730.00 55,910.00 Maintenance of Air conditioning (001-220-519-034-62) 57,000.00 REC01vDy[ENDATION Staff recommends that the bid be awarded to JohnsonControls as the lowest most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid (See Department Memo.) ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously awarded Bid #2013 for annual chiller maintenance for the County Administration Building to Johnson Controls, as recommended by staff. DOCUMENTATION WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED U SHERIFF - M.A. C.E. UNIT ANTI-DRUG GRANT - FLORIDA DEPARTMENT OF COMMUNITYAFFAIRS (DCA) - BUDGET AMENDMENT #2 The Board reviewed a Memorandum of December 8, 1999: DECEMBER 14, 1999 -27- BOOK .. Fmu't 0 r BOOK.. fAG� TO: Members of the Board of County Commissioners DATE: December 8, 1999 SUBJECT: ADDITIONAL ANTI DRUG GRANT AND BUDGET AMENDMENT 002 FOR M.A.C.E. UNIT FROM: Joseph A. Baird (? OMB Director Presently the Sheriffs Office has an approved Multi -Agency Criminal Enforcement (M.A.C.E.) Grant from the Department of Community Affairs in the amount of $109,160. The Department of Community Affairs has offered to increase the M.A.C.E. Grant amount by $30,364.50, which will require the Sheriff's Office to match the additional 25% at a cost of $10,121.50, making the total grant $149,646.00. The Sheriff's Office has agreed to find the match in their existing budget. � • I�I��JI �_ y • Staff recommends that the Board of County Commissioners approve the M.A.C.E. Grant and attached Budget Amendment. ON MOTION by Commissioner Grin, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously approved the M.A.C.E. grant and Budget Amendment #2, as recommended by staff. PROJECT BUDGET NARRATIVE AND SCHEDULE ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DECEMBER 14, 1999 -28- • i TO: Members of the Board BUDGET AMENDMENT: W2 Of County Commissioners FROM: Joseph A. B ' DATE: December 8, 1M OMB D*k=tort6 En try NmbarT Funds/DepartrncWAccouut Name Account Number lncnase Decrease Abuse Abuse F=&ShcRff's Drug $0 7J RESOLUTION 99-133 CANCELLING CERTAIN DELINQUENT TAXES ON PUBLICLY OWNED LANDS (HURLEYRAYROUNTREE JA -OSLO ROAD AND 43" AVENUE RIGHT-OF-WAY); - RESOL UTION 99-134 CANCELLING CERTAINDELINQUENT TAXES ONPUBLICLY OWNED LANDS (ANNETTE R ROBERTS - FLEET MANAGEMENT COMPLEX); - RESOLUTION99-135 CANCELLING CERTAIN DELINQUENT TAXES ON PUBLICLY OWNED LANDS (RICHARD D. KING - 4THSTREET AND OLD DIXIE HIGHWAYRIGHT-OF-WAY): - AND RESOL UTION 99-136 CANCELLING CERTAINDELINQUENT TAXES ONPUBLICLY OWNED LANDS (CARSONAND RUBY WRIGHT-130THAVENUERIGHT-OF-WAY) The Board reviewed a Memorandum of December 6, 1999: DECEMBER 14, 1999 -29- e BOOK Iii PAGE O-1 _ r- BOOK ill TO: ��B,,00a��r��d of Commissioners u 406IL-1 FROM: LKeller, CLA Legal Assistant - County Attorney's Office DATE: December 6,1999 RE: Recently Acquired Property - Tax Cancellation The County recently acquired some property and, pursuant to Section 196.28, Florida Statutes, the Board, after formally accepting the property, may cancel and discharge any taxes owed on it as long as it was acquired for public purpose. Such cancellation must be done by resolution of the Board, with a certified copy being forwarded to the Tax Collector (along with copies sent to the Property Appraiser and Fixed Assets). Requested Action: Board authorize the Chairman to sign the attached resolutions which cancel taxes upon the land that the County recently acquired. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously adopted Resolution 99-133 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Hurley Ray Rountree, Jr. - Oslo and 43rd Avenue Right -of - Way). DECEMBER 14, 1999 PAGE Sl . 0 -30- � Re: R/W Oslo & 43t0 Avenue Hurley Ray Rountree Jr. RESOLUTION NO. 99- 133 • A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The right of way is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1296, Page 2248, which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner Ginn , and the motion was seconded by Commissioner S t a n h r i ri a a , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Ab sent Commissioner Ruth M. Stanbridge Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 14 t h day of nPrPmhPr '1999. BOARD OF COUNTY COMMISSIONERS A t: J. K arton, Clerk � B Kenneth R. Macht Deputy Clerk Chairman DECEMBER 14, 1999 -31- m®m Rim Co Approved Dale Admin Legal l Budgel '1 Dept Risk Mgr. BOOK PAGE �I� r' Is I n P 'Scale: 1'650' o I N M 7 a M Wit F W u c 530' J r.; Nr1 125- I I I of I OSLO ROAD I Section Line & Troct Line n LEGAL DESCRIPTION b The North 24 feet of the South 74 feet of the East 20 acres of Tract 13, Section 22, Township 33 South, Range 39 East according to the last general plat of the lands of the Indian River Forms Company, recorded in Plot Book 2, Page 25 of the Public Records of St. Lucie County, Florida. a LESS the East 125 feet of the South 390 feet. Now lying in Indian River County, Florida. �i CERTIFICATION rc 1, Charles A. Cromer, hereby certify that 1 am a registered Professional Surveyor and Mapper licensed to practice in the slate o GI Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. 1 further certify n that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code, pursuant to F.S. Chapter 472. THIS IS NOT A SURVEY /7 SKETCH TO ACCOMPANY LEGA. DESCRIPTION 6 (! PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT. r, I:harles A. Cromer, P.S.M. Reg. #4094 1840 25th St, Vero Beach, FL 32960 r� Indian River County Surveyor (561) 567-8000 rinln Z'A.. -n- • N M 0 ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously adopted Resolution 99-134 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Annette R Roberts - Fleet Management Complex). Re: Fleet Management Complex Annette R. Roberts RESOLUTION NO. 99- 134 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The right of way is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1303, Page 1478, which was recently acquired by Indian River County for future use as a fleet management complex for the County and School Board are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. DECEMBER 14, 1999 -33- BOOK iii PAGE CIA BOOK iii mH O The resolution was moved for adoption by Commissioner P i n n , and the motion was seconded by Commissioner S t a n b r 1 d g e , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Absent Commissioner Ruth M. Stanbridge Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 14 t h day of December '1999. BOARD OF COUNTY COMMISSIONERS Att Lon,,�lejl By B , Kenneth R. Macht Deputy Clerk Chairman EXHIBIT "A" LEGAL DESCRIPTION mm" Rvs Cs. ApproveG Budge{ gr. East 15 acres of west 28.06 stns of Tract 11, Section 28, Township 32 South, Range 39 East, as the same is designated on the last general plat of lands of Indian River Farms Company, tiled in the office of the Clerk of the Circuit Court of St. Lute County, Florida, in Plat Book 2, Page 25; said land now "and belong to Indian Rivar County, Florida. 6W The Wed 10 saes of the East 15 acres of Trod 11, Section 28, Township 32 South, Range 39 East, aceandIng to the lest general plat of lands of Indian River Farms Company filed in the office of the Clark of the Circuit Court of SL Lucie County, Florida. In Plat Book 2, page 25; said land row lying and being in 41dw River County, Florida. SPECIFICALLY INCLUDING THE FOLLOWING: That portion of Trod 11, Section 28, Township 32 South, Range 39 East, according to Vie last general plat of lands of the Indian River Farms Company. filed in the office of the Clark of the Cftuit Court of St. Lucie County, Florida, in Plat Book 2, Pape 25; said land now lying and being In Indian River County. Florida, lyM West of ft Wed luta of the West 10 ewes of ff» Fast 15 acres of eforeseld Tract 11 and East of the East life of the Eat 16 acres of aha Wed 28.08 saes of aforesaid Tact 11. DECEMBER 14, 1999 -34- TAX CERT1F1C.kT.---3! s EXHIBIT "A" LEGAL DESCRIPTION mm" Rvs Cs. ApproveG Budge{ gr. East 15 acres of west 28.06 stns of Tract 11, Section 28, Township 32 South, Range 39 East, as the same is designated on the last general plat of lands of Indian River Farms Company, tiled in the office of the Clerk of the Circuit Court of St. Lute County, Florida, in Plat Book 2, Page 25; said land now "and belong to Indian Rivar County, Florida. 6W The Wed 10 saes of the East 15 acres of Trod 11, Section 28, Township 32 South, Range 39 East, aceandIng to the lest general plat of lands of Indian River Farms Company filed in the office of the Clark of the Circuit Court of SL Lucie County, Florida. In Plat Book 2, page 25; said land row lying and being in 41dw River County, Florida. SPECIFICALLY INCLUDING THE FOLLOWING: That portion of Trod 11, Section 28, Township 32 South, Range 39 East, according to Vie last general plat of lands of the Indian River Farms Company. filed in the office of the Clark of the Cftuit Court of St. Lucie County, Florida, in Plat Book 2, Pape 25; said land now lying and being In Indian River County. Florida, lyM West of ft Wed luta of the West 10 ewes of ff» Fast 15 acres of eforeseld Tract 11 and East of the East life of the Eat 16 acres of aha Wed 28.08 saes of aforesaid Tact 11. DECEMBER 14, 1999 -34- • ON MOTION by Commissioner Grin, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously adopted Resolution 99-135 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Richard D. King - e Street and Old Dixie Highway Right - of -Way). Re: RNV - 401 Street & Old Dixie Hwy Richard D. King RESOLUTION NO. 99-_13_5_ A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The right of way Is hereby accepted and any and all liens for taxes, delinquent or current, against the property described In OR Book 1303, Page 2092, which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. DECEMBER 14, 1999 -35- BOOR F A G Et • BOOK iii F'AGE The resolution was moved for adoption by Commissioner _Ginn_. and the motion was seconded by Commissioner S t a n h r i d a P— and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Ay e Vice Chairman Fran B. Adams Ab s e n t Commissioner Ruth M. Stanbridge Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this l 4th day of Decembar—, 1999. BOARD OF COUNTY COMMISSIONERS A s : J. anon, CIer4 By: By I e�acht Deputy Clerk Chairman TAX CERTIFICATES GUTST. 4!v?'n'2: CURRENT PRB';.,!,T E!-) T C'_ '_V7D, ID DEPOSITED WITH 1;':;: C,:-LECVia` fI DECEMBER 14, 1999 v 0 -36- ln®aq Hive Co I AQprovea Admin. leg, l buuq�l Dup 1. Risk Mgr. Dole 0 3 LEGAL. DESCf&VnM KING To DOOMRMER COUNTY � � 0. ��� Begin at a point lying 670 feet West and 104.5 feet South of the N.E. corner of the 4 IW Scop: 1 '=60' N.W. 1/4 of the S.E. 1/4 of Section 13, Township 33 South, Range 39 East, and run 4TH STREET — -- —l4 SICt%011 f.Illf 140' I --�— — North o distance of 10 feet to the POINT OF BEGINNING. 20' Containing 1,200 square feel. Lying in Indian River County, Florida. ; CERT*XAT10N n�Ir M. U 1, Charles A. Cromer, hereby certify that 1 am a registered Professional Surveyor and Mapper licensed to practice in the state NE Cor. O c that this sketch meets the Minimum Technical standards as described in Chapter 61617 of the Florida Administrative Code, � NW 1/4 n ;n x ;n 2f6lr 10 ADIXIMPANY I=& OESCRIPIION SE 1 /4 ' O e o o °10 Charles A. Cramer, P.S.M. Reg. /4094 1840 25th St. Vero Beach, FL 32960 I � Indian River County Surveyor (561) 567-8000 Dote , 's X _ 20' 194' (Deed) Eose4 1 t 315' 35' 200' • e�-n--t---- A --------- >Y----------- T ----------- _ -- 120 350' to A I� 3 LEGAL. DESCf&VnM KING To DOOMRMER COUNTY � � 0. ��� Begin at a point lying 670 feet West and 104.5 feet South of the N.E. corner of the 4 IW I N.W. 1/4 of the S.E. 1/4 of Section 13, Township 33 South, Range 39 East, and run East a distance of 120 feet to a point. Then run o South a distance of 10 feet to o point. Then run West o distance of 120 feel to a point. Then run North o distance of 10 feet to the POINT OF BEGINNING. Containing 1,200 square feel. Lying in Indian River County, Florida. ; CERT*XAT10N n�Ir M. U 1, Charles A. Cromer, hereby certify that 1 am a registered Professional Surveyor and Mapper licensed to practice in the state V of Florida, that this sketch was mode under my immediate supervision, and that it is accurate and correct. I further certify t; that this sketch meets the Minimum Technical standards as described in Chapter 61617 of the Florida Administrative Code, � pursuant to F.S. Chapter 472. 7M IS NOT A SUPKV !y c 2f6lr 10 ADIXIMPANY I=& OESCRIPIION FREPA M FOR NOWT IiYOt C=W DC§9XMW OEPIIR eff Charles A. Cramer, P.S.M. Reg. /4094 1840 25th St. Vero Beach, FL 32960 Indian River County Surveyor (561) 567-8000 Dote , 's m BOOK 111FAGS ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously adopted Resolution 99-136 cancelling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (Carson and Ruby Wright - 130` Avenue Right -of -Way). Re: R/W - 1300' Avenue Carson & Ruby Wright RESOLUTION NO. 99-13 6 . A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The right of way Is hereby accepted and any and all liens for taxes, delinquent or current, against the property described in OR Book 1304, Page 1463, which was recently acquired by Indian River County for future right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. DECEMBER 14, 1999 0 -38- The resolution was moved for adoption by Commissioner (; i n n , and the motion was seconded by Commissioner St a n hr- i ri n a—, and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Absent Commissioner Ruth M. Stanbridge Aye Commissioner Caroline D. Ginn Aye Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 14t dayof December '1999. Barton, Clerk e ` Deputy Clerk TAX CERTIFICATES OUT ST„ i V!—U CURRENT Pt�O^,",TLu Tlx:: F1 -U—: =D E..- DEPOSITED WITH T«:: COLLEC r i; DECEMBER 14, 1999 BOARD OF COUNTY COMMISSIONERS = 1:6 yuu no -39- By Kenneth R. Macht Chairman In®xn Riva Ca AA aml� Legal 8uaget BOOK 1i PAGE • AL 0 LEGAL DESCRynON 0 The West 15 feet of Lots 10, 11, and 12 in Tract 1954, Townsite of Homewood, a recorded in Plot Book 2, Page 15 of the Public Records of St. Lucie County. Florida. Now lying in Indian River County, Florida. O O CERTIFICATION I, Charles A. Cromer, hereby certify that 1 am a registered Professional Surveyor and Mapper licensed to practice in the state w of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further certify" that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code, �pu]r(suant to F.S. Chapter 472. THIS 6 NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION c� "��^^t` �"� f• PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT o Ch ries A. Cromer, P.S.M. Reg. x+4094 1840 25th St, Vero Beach, FL 32960 Indion River County Surveyor (561) 567-8000 Date P3.LlQith �9�� 1911 Sdh0£ I eo C F 0 -o Ej ZK. CONSERVAnoNEASEMENT - "BLUE GOOSE" PROPERTY- TOM COLmys The Board reviewed a Memorandum of December 8, 1999: TO: The Board of County Commissioners FROM: j6WIIIam G. Collins II - Deputy County Attorney DATE: December 8, 1999 SUBJECT: Acceptance of Conservation Easement Over the "Blue Goose* Property from Tom Collins On July 13, 1999 the Board of County Commissioners approved and the Chairman executed an Agreement to relinquish an option right to purchase the Blue Goose property on the Indian River County in exchange for a conservation easement from Tom and Gretchen Collins. Under the agreement, the County relinquished all its rights to purchase the property and, in consideration of the County relinquishing its rights, Collins agreed to purchase it under a backup contract he held, and to execute a conservation easement over a substantial portion of the property in favor of the County. Consistent with the agreement, Collins purchased the property and granted a conservation easement to the County dated August 13, 1999. Mr. Collins and his wife were in Maryland at the time and the documents were executed in that state and returned. There was a defect in the execution of conservation easement in that only one witness to Mr. Collins' signature appeared on the face of the easement. Florida requires two witnesses for any instrument affecting real property to be recorded. I discussed this deficiency with Mr. Collins and it was determined that the simplest course would be to delay acceptance and recordation until he and his wife returned from Maryland. On September 17, 1999 Mr. Collins and his wife re -executed the grant of conservation easement in recordable form. However, both the County Attorney's Office and Mr. Collins had some questions about the accuracy of the description of the conservation easement. DECEMBER 14, 1999 -41- 600K ii I 0r� q a s�j FADE ;2 BOOR 1h Fr1UE �3 The description of the easement the Collinses agreed to convey to the County was based upon a November 18, 1988 survey completed by Dana Howard of Carter Associates, Inc. I noticed that the buildable portion of the property to be retained by Collins was dimensioned at 200 feet but scaled out to 212.25 feet. This 12.25 -foot discrepancy was reconciled by a corrected description from Mr. Howard dated October 19, 1999. However, Howard's new description made a call in the description running to the river 31.11 feet as opposed to the 46 feet depicted in the 1988 survey. I inquired as to this change in the dimension and Mr. Howard pointed out that the 1988 survey depicted only "approximate mean high water line" as shown on an earlier 1986 drawing. Mr. Howard stated that he had verified the 31 -foot dimension by actual elevations shot in the field, and that 31 feet running south to the water was a correct boundary dimension. Based upon the representations of Mr. Howard as to the reasons for the minor corrections to the description of the conservation easement, I recommend that the County Commission: 1) accept the grant of conservation easement, consistent with the "Agreement to relinquish purchase option right in exchange for grant of conservation easement" dated July 13, 1999; 2) authorize the Chairman to execute acceptance of the easement, and 3) authorize the County Attorney's Office to record the conservation easement in the public records of Indian River County. Commissioner Stanbridge felt she could not support the conservation easement as Mr. Collins will be holding the conservation easement property for Indian River County and some of the prohibitions are overshadowed by rights, such as the right for passive recreation. She felt there should be more specific representations as to the party responsible for determining the rights and prohibitions. Deputy County Attorney Will Collins noted that the form had been presented to the Board in July of this year when the County agreed to exchange rights in return for the grant of easement by Mr. Collins. Community Development Director Bob Keating stated that this easement is consistent with the County's standard easement. DECEMBER 14, 1999 ON MOTION by Commissioner Tippin, SECONDED by Commissioner Ginn, the Board, by a 3-1 vote (Commissioner Adams absent and Commissioner Stanbridge opposed) accepted the grant of conservation easement, consistent with the Agreement to relinquish purchase option right in exchange for grant of conservation easement dated July 13, 1999; authorized the Chairman to execute acceptance of the easement; and authorized the County Attorney's Office to record the conservation easement in the public records of Indian River County, as recommended by staff. CONSERVATION EASEMENT WILL BE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY DECEMBER 14, 1999 BOOK FAGS 694 -43- L BOOK .�. mu -E �:�, 9.A.1. PUBLIC HEARING - ORDINANCE AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CG, GENERAL COMMERCIAL DISTRICT. TO OCR, OFFICE/ COMMERCIAL/ RESIDENTIAL DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF 6TH AVENUE. APPROXIMATELY 850 FEET SOUTH OF 8m STREET (STELLA LORENE WHITE AND EVELYN BEAL) Deleted. 9.A.2. PUBLIC HEARING - OSLO RIVERFRONT SOUTH LAAC SITE - PURCHASE OF SALAMA AND EMERSON PARCELS (FLORIDA COMMUNITY TRUST) Deferred. 9.A.3. PUBLIC HEARING - RESOLUTION 99-137 AUTHORIZING THE FILING OF FY 1999/00 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5307, MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE (COUNCIL ON AGING - FEDERAL TRANSIT ADMINISTRATIONI DECEMBER 14, 1999 • • PROOF OF PUBLIeATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Board reviewed a Memorandum of December 7, 1999: TO: James Chandler County Administrator THROUGH: Robert M. Keating, AICP Am K Community Development Director FROM: Jacob Riger :► R MPO Planner DATE: December 7, 1999 SUBJECT: REQUEST FOR AUTHORIZATION TO SUBMIT AN FY 1999/00 GRANT APPLICATION FOR 49 USC CIL 53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE It is requested that the information presented herein be given formal consideration by the Indian River County Board of County Commissioners at its meeting of December 14, 1999. nFSCRIPTIONS & CONDITIONS For the past several years, the Board of County Commissioners has applied for and received grant funds under 49 USC Ch. 53, Section 5307 (formerly and more widely known as Section 9 of the Federal Transit Act). Those fimds have been passed through to the Indian River County Council on Aging, Inc. (COA) to provide capital and operating funding for the Community Coach fixed route bus system. Section 5307 program grants may be used for the planning, acquisition, construction, improvement, and operating costs of facilities, equipment, and associated capital maintenance items used in mass transportation service. Operating expenses require a 50% non-federal match, while capital expenses require a 20% non-federal match In Indian River County, state toll revenue credits are utilized as a soft match to provide the required nonfederal share for the capital expenses portion of a Section 5307 grant. While a match is still required, the use of a soft -match eliminates the need for the County to provide a cash share for capital expenses. Toll revenue credits as soft match may be used only for the capital portion of a Section 5307 grant. The nonfederal share for operating expenses is met through equal amounts of local funding and a state public transit block grant. ANALYSIS For FY 1999/00, the COA has requested that the County apply for federal Section 5307 funds on its behalf so that the COA can provide for the continuation and expansion of its Community Coach fixed route/dial-a-ride bus service. As proposed, the grant will allow the Council on Aging to leverage County and state funds to continue and expand needed public transportation services within the County. DECEMBER 14, 1999 72 -45- BOOK PAGE u BOOK�,. F'A,E 6w" The County's proposed FY 1999/00 Section 5307 grant application is provided in Attachment 1. As required by Federal Transit Administration (FTA) regulations, the attached grant application was prepared using its Transportation Electronic Award and Management (TEAM) software. FTA now requires grantees to utilize its TEAM software in the development, submittal, modification, and management of Section 5307 grants. The attached grant application contains all information required by FTA. As indicated in the grant application and the attached budget forms (Attachment 2), the total proposed grant amount is $1,060,997. This amount includes $152,725 in capital expenditures and $908,272 in operating expenditures. The nonfederal share ofcapiW expenditures ($38,181) will be met through the use of toll revenue credits as soft match and is not included in the project total. The nonfederal share of operating expenditures (50%) will be provided in equal amounts of 5227.068 by a Florida Public Transit Block Grant (PTBG) which is discussed in a separate staff report and by Indian River County with previously approved general fund monies budgeted specifically for this purpose. According to Section 5307 grant application requirements, a designated recipient must hold a public hearing to obtain the views of citizens on a proposed grant application. In keeping with that requirement, staff has published a notice of this meeting and has scheduled this item as a public hearing. The MPO has included the proposed Section 5307 grant in its FY 1999/00-2003/04 Transportation Improvement Program (TIP), a necessary prerequisite for submittal of a Section 5307 application. It is also important to note that the proposed grant application is consistent with the MPO's recently adopted five year Transit Development Plan and 2020 Long Range Transportation Plan. To apply for Section 5307 funds, the Board of County Commissioners must adopt the attached resolution (Attachment 2) authorizing staff to submit the attached grant application. The resolution has been reviewed and approved by the County Attorney's Office. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 1999/00 Section 5307 grant application. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously adopted Resolution 99-137 authorizing the filing of an FY 1999/00 Grant Application for 49 USC Ch. 53, Section 5307, Mass Transit Capital and Operating Assistance. DECEMBER 14, 1999 -46- RESOLUTION NO. 9.9_137 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE FILING OF AN FY 1999/00 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE. WHEREAS, the Federal Transit Administration (FTA) is authorized to award Section 5307 grant funds for the implementation of a mass transportation program of projects; WHEREAS, Indian River County and the Indian River County Council on Aging utilize FTA Section 5307 funds to provide needed public transportation services within the County and; WHEREAS, in applying for FTA Section 5307 funds, Indian River County and the Indian River County Council on Aging will comply with all applicable federal regulations and requirements associated with the Section 5307 program. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Community Development Director is authorized to file applications on behalf of Indian River County with the U.S. Department of Transportation to finance and implement the capital and operating program of projects specified in the County's FY 1999/00 grant application under 49 USC Chapter 53, Section 5307. 2. That the Chairman of the Indian River County Board of County Commissioners and/or the County Attorney is authorized to execute, and the Community Development Director is authorized to file with such application, an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the County Attorney and/or the Community Development Director is authorized to execute grant agreements with the U.S. Department of Transportation to finance and implement the program of projects specified in the County's FY 1999/00 grant application under 49 USC Chapter 53, Section 5307. 4. That the Chairman of the Indian River County Board of County Commissioners is authorized to set forth and execute necessary Disadvantaged Business Enterprise (DBE) policies in connection with such application as specified in the County's adopted DBE plan and in accordance with the federal requirements of 49 CFR Part 26. 5. That the Indian River County Community Development Director is authorized to furnish such additional iriforination as the U.S. Department of Transportation may require in connection with the County's FY 1999/00 grant application under 49 USC Chapter 53, Section 5307. DECEMBER 14, 1999 �r -47- Bl1GK �.� F'riGt THIS RESOLUTION was moved for adoption by G i nn _, and the motion was seconded by T i n n i n , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Vice -Chairman Fran B. Adams Ah sent Commissioner Caroline D. Ginn Ay e Commissioner Ruth Stanbridge Aye Commissioner John W. Tippin A y e The Chairperson thereupon declared the resolution duly passed and adopted this +4+ gay of December-, 1999. BOARD OF COUNTY COMMISSIONERS INDIAN 7,-..:.th OUNTY, FLORIDA By R. Macht, Chairman Board of County Commissioners ATTEST. ^ - Jeffre�K.�3:rClerk— State of Florida County of Indian River RA#71m, ��.tiillF7�f3 �=V_ Kmr R&M �WZIPMWcm= =Q I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared KENNETH R. MACHT, as Chairman of the Board of County Commissioners, and PATRICIA M. RIDGELY , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this11 Ct hh day of December , A.D., 1999. 1���M• A�/LNC/i/ 0 Notary Pu c cwsEns AM8%rau+smveenm+s,scowem UWPD Y'' Khnbe�Iy E MOsstieg Q MYCOMM^N# 1003 DOES DECEMBER 14, 1999 • 9.A.4. PUBLIC HEARING -1998 LOCAL LAW ENFORCEMENT BLOCK GRANT PROPOSED SPENDING PLAN - SHERIFF - COMPUTERS AND SOFTWARE The Boy Memorandum of November 9, 1999: APPROVED BY NOV 16 1999 GARY C. WHEELER • INDIAN RIVER8916ttiF COUNTY MEMBER FLORIDA SHERIFFS' ASSOCIATION COMMISSION MEMBER OF NATIONAL SHERIFFS' ASSOCIATION 4OSS 41st AVENUE VERO BEACH, FLORIDA32880'1808 PHONE (581) 569-8700 November 9, 1999 The Honorable Kenneth R. Macht, Chairman Indian River Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 RE: 1998 LOCAL LAW ENFORCEMENT BLOCK GRANT: PROPOSED SPENDING PLAN Dear Commissioner Macht: The Indian River County Sheriffs Office has reviewed the 1998 Local Law Enforcement Block Grant and has prioritized a proposed spending plan. Prior to obligating funds, we must provide the information at a public hearing. Therefore, I would like to request that the Board of County Commissioners establish a date for the public hearing at your next scheduled Board meeting on November 16th. Should you have any questions, feel free to contact Sandy Shields at 978-6254. Sincerely, e. 1044A, Gary 4wheeler, Sheriff Indian River County DECEMBER 14, 1999 • -49- BOOK PAGEv. Q ff d r BOOK Fr�uCd. Oberiff' GARY C. WHEELER a INDIAN RIVER COUNTY MEM8EM FLOPIoA Skell"S' ASSOCIATION MSIANXII OF NATIONAL 8m9AIFFE' ASSOCIATION 4056 4/51 AVENUE VE110 IL4" FLORIDA 32ss0.ts0e PHONE (bet) 8811-sno Proposed Spending for the 1998 LLEBG: Software Upgrade 57,500 Provide an upgrade to the booking mugshot softme giving us the ability to access information via the LAN vs. one of only three current workstations. This will provide investigators with the ability to develop suspect information and line ups from their office workstations. Has a potential limrre application via laptop computers, CompStat (Computerized Satistip/mapping) S35,000 CompStat is a Nationally known concept for tracking. reporting, and responding to crime and crime trends. Tie CompStst approach to fighting crime provides increased accountability and incrgeaed effectiveness of resource deployment. Originating as a pilot Program within one ofNew York City's worst crime areas. the CompStat approach brings together both crime statistics and automated mapping, providing law enforcement managers with sophisticated yet easy-to-use visual analysis capabilities. This in turn. allows for more timely identification of trends as they emerge, providing commanders with a proactive edge in developing successU tactical plans to solve and/or prevent crime. In order to Amcdon under the CompStat method, the Sheriffs Office will need to acquire a Geographic information System based crime analysis system. Computer Lab $16,040 Provides a 15 computer workstation lab that will provide a classroom ttainin8/leaming environment for employees to develop and improve their skills and knowledge of various applications. This in turn will maximize benefits/capabilities of current applications, increase proficiency, and assist with the implementation of new software in the future. Expansion of Mobile computing Project $286768 Expansion of current mobile computing project providing additional laptops for deputies in the field. The market has increased the options available to meet the needs of law enforcement; this in tum has allowed the Sheriffs Office to pursue more modestly priced hardware. Current laptop under review costs approximately S 1,900 each to acquire, once readied for field use and wireless access, the total cost per unit is approximately 54,000 vetsua the previous $9,700. ubmitted By: $tdtiunit tZ*i& The 173rd lnumadoaany Aeavdted 1.aw Earorcownt AEmey AcnvdhW by the COMMINloa as Acmdttallon for Law EnraEcenunt Aaencim lm=Vorared DECEMBER 14, 1999 -50- • C] Sandy Shields of the Sheriff's Department reviewed the items and noted that the list includes everything, even hardware. Commissioner Stanbridge questioned whether the County is considering a GIS system, and County Administrator Chandler responded in the affirmative, indicating that all departments will eventually be consolidated and centralized. Ms. Shields noted that she had spoken with Pat Brown from the Property Appraiser's Office, who had used the ArcView software. Commissioner Stanbridge questioned whether the Sheriff's software will be compatible, and Ms. Shields responded that it would. The Chairman opened the public hearing and asked if anyone wished to be heard regarding this matter. There being none, the Chairman closed the public hearing. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously approved the Sheriff's 1998 Local Law Enforcement Block Grant Proposed Spending Plan, as requested. DECEMBER 14, 1999 -51- BOOK E'fiGE. 6 0 0 K i i i PAGE 0113<3 9.B.1. PUBLIC DISCUSSION ITEMS - PROPOSED RESOLUTION EXPRESSING SUPPORT FOR AND DESIRE TO PARTICIPATE IN FLORIDA'S EXPEDITED PERMITTING REVIEW PROCESS FOR SIGNIFICANT ECONOMIC DEVELOPMENT PROJECTS The Board reviewed a Memorandum of December 7, 1999: TO: James E. Chandler, County Administrator D TMENT HEAD CONCURRENCE Obert3L Keating, AI THROUGH: Sasan Robani, AICP; Chief Long -Range Planning FROM: Peter J. Radke; Economic Development Planner - DATE: December 7, 1999 RE: CONSIDERATION OF INDIAN RIVER COUNTY'S PARTICIPATION IN FLORIDA'S EXPEDITED PERMITTING PROCESS (PUBLIC WORKSHOP) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, 1999. In October 1999, the county was successful in obtaining a 1999 Department ofManagement Services (DMS) One -Stop Permitting Grant totaling $7,906. Funds from this grant will be used to purchase the necessary equipment and software to develop an official county web site. As part of the qualifying process for this grant, the county must consider participating in Florida's Expedited Permitting Process. In 1997, the "Expedited Permit Review Process" was initiated by the State of Florida to allow significant economic development projects to obtain expedited review of all required state and regional permit applications and, at the option of a participating local government, local permit orders, development of regional impact development orders, and comprehensive plan amendments. DECEMBER 14, 1999 -52- 0 Projects eligible to use the expedited review process must meet the following requirements: ► creation of 100 jobs, or, ► 50 jobs if the project is located in an enterprise zone, in a county which has a population of fewer than 75,000, or in a county which has a population of fewer than 100,000 which is contiguous to a county having a population of 75,000 residing in incorporated and unincorporated areas of the county; ► on a case-by-case basis and at the request and recommendation of the governing body of a county or municipality in which the project is to be located, the Office of Tourism, Trade, and Economic Development (OTTED) may allow a business creating a minimum of 10 jobs to use the process. Participation in this expedited review process guarantees that state agencies must complete all actions regarding permit applications within ninety days after receipt of a completed application. Within this ninety day time frame the following actions must take place: ► a pre -application meeting between the applicant and representatives of all participating state agencies within fourteen days after eligibility determination; and ► a statement of a project's permitability within thirty days from the pre -application meeting. To date, seven Florida counties have passed resolutions indicating their intent to participate in Florida's Expedited Permitting Process. To participate in the expedited permitting review process, Indian River County is required to hold a public workshop to review and explain to the public the expedited permitting process, and the terms and conditions of the standard form memorandum of agreement (MOA). The discussion to be held at the December 14, 1999 Board meeting will meet the public workshop requirement described in Section 403.973, Florida Statutes. At the December 10 meeting, a resolution indicating the county's intent to participate in the process must be adopted by the Board of County Commissioners. ' A MOA is a cooperative agreement between the OTTED and the participating local government that states the commitments that will be made by the local government, the operating procedures of the expedited review process, the implementation of the MOA, the appeal process, and any transportation mitigation requirements. A MOA must be executed for each development project that is recommended by the local government for OTTED eligibility determination review. To execute a MOA, the local government is required to hold a duly noticed public hearing so that the public will be able to review and discuss the MOA. Following are the benefits of participating in the expedited permitting review process: ► pre -application meeting with all participating agencies within 14 days of eligibility determination; ► identification of all required permits and approvals; P. early identification of issues of significant concern which may affect the outcome of the project review; ► development of a consolidated time schedule which incorporates all required deadlines, including public meetings and notices; ► statement of permitability within 30 days of pre -application meeting; ► final agency action within 90 days of complete application; ► waiver of twice -a -year limitation on local comprehensive plan amendments; and ► exemption of certain new projects from Development of Regional Impact (DRI) review when at or below 100% of numerical thresholds. DECEMBER 14, 1999 L` -53- �;�� . ma 3 BOOK iii NGE 6JO The following agencies are participating in the expedited permitting process: ► Department of Agriculture and Consumer Affairs; • Department of Community Affairs; ► Department of Labor and Employment Security; ► Department of Transportation; ► the Florida Game and Fresh Water Fish Commission; ► the Florida Regional Planning Councils; and ► the Florida Water Management Districts. As a participant in the expedited permitting process, Indian River County will have to meet the following requirements: ► execution of MOA for qualified projects; ► participation on a Regional Permit Action Team; ► attendance at pre -application meetings; ► identification of specific local permits/approvals needed for each project; ► 30 day statement of permitability regarding local permits/approvals; and ► 90 day time frame for a final decision. Participation in the expedited permitting process will provide other benefits to Indian River County. By participating in the expedited permitting process, Indian River County will have another incentive available to attract new businesses to the county and encourage the expansion of existing businesses. In addition, participating in the expedited permitting process meets the required action of Economic Development Element policy 5.4, which requires the county to ensure that an efficient permitting system exists among all government departments and agencies to facilitate a smooth transition for industries relocating to Indian River County. Staff recommends that the Board of County Commissioners: Conduct a public workshop as part of the consideration of this item whereby the public may provide input regarding the county's participation in Florida's Expedited Permitting Process; and Adopt the attached resolution indicating Indian River County's desire to participate in Florida's Expedited Permitting Process. Community Development Director Bob Keating noted that a public workshop and discussion is a requirement of the grant application to establish a County web site. A commitment has been received from the State that we will get the remainder of the funds next year which will cover the cost of equipment and software, approximately $30,000. The State is encouraging counties to move forward with technology and the grant application is being coordinated with the Budget Office and the Computer Division. There is no requirement to specify the type of jobs as this can be decided on a project -by -project basis. A draft Memorandum of Agreement is attached and, if the County chooses to participate, it DECEMBER 14, 1999 would have to adopt and enter into such an agreement. There would be no requirement for the County to proceed, it is simply a method of speeding up the permitting process and allowing the County to amend the Comprehensive Plan on a more frequent basis, if desired. Commissioner Ginn questioned why Exhibits A, B, C and D were not included, and Director Keating responded that this is just a draft, those exhibits would be attached and would be specific as to a certain project. Commissioner Ginn felt that the program transfers authority and preferred to defer the matter until the first meeting in January, 2000. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously deferred the matter until the January 4, 2000 meeting. DECEMBER 14, 1999 -55- GOOK ! [AGE IJ BOOK iii, FAGE 9.B.2. PUBLIC DISCUSSION ITEMS - APPEAL BY JANE AND IRWIN PRAGER OF A PLANNING AND ZONING COMMISSION DENIAL OF A REQUEST FOR A 7.5' WALL AT 63013TH AVENUE Deferred. 9.B.3. PUBLIC DISCUSSION ITEMS - APPEAL FROM DECISION OF COUNTY ADMINISTRATOR CONCERNING THE ROUND ISLAND PARK PEDESTRIAN BRIDGE TO NO NAME ISLAND The Board reviewed Memoranda of November 2, December 7, and October 12,1999: TO: Board of County Commissioners 0 0 FROM: Terrence P. O'Brien, Assistant County Attorney DATE November 2, 1999 SUBJECT: Appeal from Decision of County Administrator Concerning the Round Island Park Pedestrian Bridge to No Name Island The County constructed a pedestrian bridge between Round Island Park and No Name Island. Several property owners on the east side of the Indian River and just north of the bridge complained that the bridge restricted their navigation. Attorney Michael O'Haire is representing the owners. DECEMBER 14, 1999 Removal or reconstruction of the bridge was requested by Mr. O'Haire. The Director of Public Works denied this request and Mr. O'Haire appealed this decision to the County Administrator pursuant to Section 100.06.1, Indian River County Co-& The County Administrator upheld the decision of the Director of Public Works. Mr. O'Haire, pursuant to Section 101.06.2 IRC Code has filed his appeal with the Board of County Commissioners. The proceeding before you will be a de novo proceeding rather than a review of the previous record. However, Mr. O'Haire has requested that much of the information already developed be included in the appeal packet. Under appellate procedures Mr. O'Haire as the Appellant will open and close. TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Worksto SUBJECT: Round Island Park Bridge to No Name Island - Appeal of Bridge Height REFERENCE: Michael O'Haire to Board of County Commissioners dated Oct. 12, 1999 DATE: December 7, 1999 DESCRIPTION AND CONDITIONS In early October, 1999, Michael O'Haire, representing property owners north ofRound Island Park along the Indian River, appealed to the County Administrator the Public Works Director's decision that the Round Island Park foot bridge constructed in the spring of 1997 was properly permitted to accommodate reasonable navigation in the south county area of the Indian River Lagoon and that it should not be raised from 6' 8" vertical clearance to 10' vertical clearance due to alleged motor craft use in the area The County Administrator conducted an appeal hearing on Sept. 10, 1999, and denied the appeal as documented in the attached Sept 28, 1999 letter from James Chandler to Michael O'Haire. On October 12,1999, Mr. O'Haire appealed the County Administrator's decision to the Board of County Commissioners by submitting the attached Oct 12, 1999 letter to the Board of County Commissioners. The previous staff appeal response addressed Mr. O'Haire's past concerns. Due to additional information, staff offers the following analysis: ,ALTERNA-11-M AND ANALYSIS Staff offers the following additional response to Mr. O'Haire's most recent Oct 12, 1999 appeal letter addressed to the board: 1. Mr. O'Haire submitted a map prepared by property owner Harold Olsen which shows "in blue the navigational channel to the Intracoastal WaterwayaCWW) from the docks belonging to Mr. Olsen and his neighbor's easterly of No Name Island " Mr. Olsen previously was of the opinion that a channel was dredged and marked by the Corps of Engineers. Mr. Olsen states that this is a "navigable waterway. " Past aerial photos and County records show that around 1967 the ICW W was dredged and the islands were created DECEMBER 14, 1999 -57- BOOK . F -,un . rBOOK jil PAGE No "navigational waterway" was constructed at that time. In 1985, the County Engineering Division surveyed the deepest area of the river for access to the boat ramp at Round Island Park and the county constructed the seven day beacons leading only to the ramp, not to Private property north of Round Island Park. Mr. Olsen built his dock in late 1996 after the County had begun permitting application preparation in the area Mr. Olsen's dock permit issued by the Florida DEP on Nov 2, 1995 showed access to the ICWW by a different channel to the west than the foot bridge alignment being considered (see DEP Notice of General Permit) Mr. Olsen's neighbors built their docks during or after 1996 and showed the same baseline channel west to the ICWW and not along Round Island Park fiontage. Attached to Mr. Ohm's Nov 13, 1996 letter, he provided a sketch which showed the west channel to the ICWW. 2. Photograph ofMr. Olsen's boat (28'Pursurt boat with fly bridge). County staff has never seen this boat in the area Aerial photography has not depicted this boat. Whereas the boat survey reported to the USACOE was for a short period of time, many County staff persons, including park maintenance personnel, have visited the area for several years and have never seen a boat of this size navigate between Round Island and No Name Island The picture provided states the boat has a 2% R drag Mr. Olsen's surveyor provided the Florida DEP with a survey of a channel north ofNo Name Island which shows depths of2%: R or greater. The Marine Patrol and Fire District bothhavepowerboats that can navigate the waters north of No Name Island and do not have to pass beneath the foot bridge. 3. Photograph of Venture 34 boat owned by Sharon Nicholson. This boat has never been seen in the area Furthermore, Mrs. Nicholson is just building her home and has no dock. A note on the picture states that the boat only draws F 9" of water with the engine in partial up position. This boat can navigate in the water depth north of No Name Island 4. Photograph of18'Centwyboat. This boat is ofshallow draft and can navigate to the ICWW north of No Name Island. Staffis ofthe opinion that the 28' boat and Venture 34 did not regularly navigate the channel between the island and Park and that the property owner's own dock permits showed a different channel to the ICWW. All boats have a shallow draft and do not need to pass beneath the foot bridge. Various County staff and aerial photos are available to testify that these boats do not `regularly" navigate the foot bridge channel. S. The COE letter dated July 25,1991 is for the boardwalk along Round Island Park shoreline, not the foot bridge. 6. Oct. 17, 1996 letter from Mr. Olsen - see comment 1 above. 7. Letterf om Ron DeGnma toJomesDavis dated Oct: 21,1996- The main objection was the location of the observation tower. The tower was moved due to their concerns. In addition, staff raised the bridge approximately 2' to a vertical clearance of 6' 8" to address Mr. DeGrazia's concern. S. Letterfrom County doted Oct. 25, 1996 to Mr. Olsen and Mr. DeGrada stating that it owns the bottom lands - The County staff is of the opinion that it owns the bottom lands. DECEMBER 14, 1999 -58- 9. Dedication from Trustees of Internal Improvement Fund 4020 - This dedication is of a different area than the foot bridge location in question. Staffs opinion is that the County owns the bottom lands between the north end of Round Island Park and No Name Island. 10. LettwdotedNov 18,1996from Harold Olsen to James Davis stating that the "only "access for he and his neighbors to get to the main channel of the ICWW is through the foot bridge channel - This letter is not consistent with Mr. 01sen's dock application permit showing access to the ICWW to be from a channel north ofNo Name Island. The Marine Patrol and other boaters claim that for boats of 2'/z R drift or less, the channel north ofNo Name Island is sufficient Staffhas never seen large boats such as those mentioned in 2 and 3 above use the foot bridge area. Several aerial photographs do not show such large boats in this area. Docks were not built until 1996. Staff is of the opinion that the foot bridge was raised to approximately 6' 8" vertical clearance due to W. 01sen's concern and that there has been no effect on the value of waterfront properties in this area. 11. March 18, 1997 letter from St. Johns River Water Management District to James Davis seeking quantification of boat traffic and warning that the height of the bridge "may need to be raised " - County staff raised the bridge to 6' 8" vertical clearance and satisfied St. Johns River Water Management District that type of boat traffic is canoes and small boats. County staff has not observed any large boats passing in the foot bridge areas since no docks existed prior to 1996. Aerial photography confirms this position. A SJRWMD permit was issued and no administrative hearing was requested by the property owners within the time fiame allowed. 12. County response to SJRWMD dated April 10, 1997 providing boat count taken on April 8, 1997 - Whereas the April 8, 1977 boat count was for one day, staff heavily monitored this area on Aug. 24, 1993, Oct 12, 1993, Oct 13, 1993, Oct 19, 1993, Oct 20, 1993, Oct 21, 1993, Oct 26, 1993, Feb. 3, 1994 and numerous other dates during engineering since Feb. 24, 1983, several dates in 1991, 1992, and 1993 when the boat ramp and fishing pier were constructed, andweeklysince 1981 byParkmaintenance employees. No one associatedwith this work that we have contacted observed these large boats using the foot bridge area. Aerial photogrammetry taken in Jan. 1992 and March 1994 confirm this non existence of large boats in this area The first dock was constructed in 1996. 13. Letter dated Aug 11, 199 7 From SIRWMD "giving consent to use state owned sovereignty submerged lands, based on the information supplied by Indian River County. " - This is for the fishing pier on No Name Island, not the foot bridge between No Name Island and Round Island. 14. Letter datedAug 26, 199 7 to US Coast GuaMfrom TerryA Thompson transmittingproperty owner'ssw veyand theobservation that thefoot bridge area "isshallowandhistoricallyhas had limited use by small boats and canoes. " - From staff observations and aerial photogrammetry, these statements are accurate. 15. October 14, 1997 letter from US Coast Guard stating that a bridge permit will not be required for the foot bridge. - The Coast Guard Commandant approved the foot bridge and stated that "the clearances provided for high water stages are considered adequate to meet the reasonable needs of navigation" based upon use by "rowboats, canoes, and small motorboats." Staff submitted honest, verifiable information to the Coast Guard and SJRWMD to obtain proper permits for the foot bridge. DECEMBER 14, 1999 -59- BOOK ill FAGC '. 600K iii PAGE i 16. Soundings at bridge location provided are in the immediate vicinity of the foot bridge only. North of the Exhibit 16 sounding area to the docks recently constructed exists more shallow waters. No channel exists between he foot bridge and end of docks. Some of the information provided to the Board of County Commissioners attached to Michael O'Haire's Oct. 12, 1999 letter of appeal was not provided to the County Administrator for his consideration in October, 1999. Furthermore, there has not, to this date, been any tangible evidence that the boats shown in the photos have been docked at the newly constructed docks or have used the foot bridge area. Many County staff; including myself; have visited the Paris frequently for many years and none have seen such boats use the foot bridge area. It also seems odd that over two years have passed and this issue has not been vigorously pursued. No appeals have been filed with SJRWMD nor the Corps ofEngineers. The property owners themselves have shown a different path to the ICWW in their dock permits. Mr. O'Haire has submitted three court cases to justify his position that the County has interfered with riparian property right and severely damaged the values of property rights. The first case, Lee County v Riesel, deals with an obstruction of the property owners view caused by a County bridge. In this case, the court determined that "an upland owner must in all cases be permitted a direct, unobstructed view of the channel as well as a direct, unobstructed means of ingress and egress over the foreshore and tidal waters to the channel: in the case of the foot bridge, no view has been obstructed and the means of ingress and egress has not been diminished "over the foreshore across the waters toward the channel"... "as near as practicable in the direction of the channel" since the footbridge is not in the direction of the ICWW channel. The case Mr. O'Haire has provided does not support his position. The second case, Game and Freshwater Fish Commission v Lake Island, LTD (198 1) addressed the state denying island property owners access to their lands by the use ofmotorboats on Lake Lamoma during duck season. The courts determined that `reasonable access must, of course, be balanced with the public good, but a substantial diminution or total denial ofreasonable access to the property owner is a compensable deprivation of a property interest." In the case of the Round Island foot bridge, reasonable access has not been denied norhas substantial diminution of access occurred. The dock owners can still access the ICWW by the path indicated to the state on their dock permit application. RECOMMENDATIONS Staff is of the opinion that 1. There is no channel between the foot bridge and the and of the property owners docks. 2. The foot bridge area has not been used regularly nor, in our observation, occasionally by large boats.(>201 3. The County has not obstructed the unmarked channel north of No Name Island between the property owner docks and the ICWW. 4. The property owner's boats do not have greater than a 2 % ft. draft which does not prohibit them from using the channel shown on their dock permits, thereby maintaining their access. 5. The County correctly obtained all permits for the foot bridge. 6. There has been no diminution of access and no harm to property values. For the above reasons, staff recommends that the foot bridge remain as permitted and constructed in the spring of 1997. DECEMBER 14,1999 0 -60- Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960 Re: Nicholson, at aIJIndian River County - Round Island Bridge Ladies and Gentlemen: This letter represents an appeal from a decision on the part of a county officer on a matter affecting a client, pursuant to Section 100.06(2) of the County's Code of Ordinances. The appeal is from the County Administrator's decision denying the appeal of the Department of Public Works' decision to take no action requiring alteration of the current configuration of the Round Island bridge. The facts and details supporting reversal of the Administrator's decision are as follows: The items which follow largely were drawn from the records of Indian River County: 1. Map prepared by Harold Olsen, homeowner of riverfront property lying easterly of No Name Island, which shows in red the location of the bridge from Round Island Park to No Name Island and in blue the navigational channel to the Intracoastal Waterway from the docks belonging to Mr. Olsen and his neighbors easterly of No Name Island and North of Round Island Park. 2. Photograph ofMr. Olsen's boat prior to construction of the bridge, a 28 foot Pursuit boat with fly bridge. The boat measures 9 feet from the waterline to the top of the wind screen and cockpit roof. 3. Photograph of Venture 34 owned prior to bridge construction by Sharon Nicholson, owner of one of the lots located easterly of No Name Island. 4. Photograph of an 18 foot Century boat with bimini top measuring 78° from the water line belonging to a neighboring homeowner. Prior to construction of the bridge from Round Island Park to No Name Island, all of DECEMBER 14, 1999 BOOK 1 PAGE L&W 0rs10s6 ow 011KA3=3m Q>nxx & CL&xnrsis. MICHAEL O'HAINE asAnslasum 3111 CARDINAL DRIVE JENOME O. OYINN VEIIO GEACK rLONIDA RIC14AND 6. CANDLEII. �p111Z13 N 0.1101C JIM ONE00 M. CAIIALIN0 Ad9 �9Jn! . r ORIW 329" VENO . AC O� 83i 'SOMM a�� Qp W=.WA ,TMUSM I1 16FATIS October 12, 1 h ocrlsss PACINNILLL TRA "ISSION6: 3F *�'_ft'In COUITY All VIA HAND DELIVERY Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960 Re: Nicholson, at aIJIndian River County - Round Island Bridge Ladies and Gentlemen: This letter represents an appeal from a decision on the part of a county officer on a matter affecting a client, pursuant to Section 100.06(2) of the County's Code of Ordinances. The appeal is from the County Administrator's decision denying the appeal of the Department of Public Works' decision to take no action requiring alteration of the current configuration of the Round Island bridge. The facts and details supporting reversal of the Administrator's decision are as follows: The items which follow largely were drawn from the records of Indian River County: 1. Map prepared by Harold Olsen, homeowner of riverfront property lying easterly of No Name Island, which shows in red the location of the bridge from Round Island Park to No Name Island and in blue the navigational channel to the Intracoastal Waterway from the docks belonging to Mr. Olsen and his neighbors easterly of No Name Island and North of Round Island Park. 2. Photograph ofMr. Olsen's boat prior to construction of the bridge, a 28 foot Pursuit boat with fly bridge. The boat measures 9 feet from the waterline to the top of the wind screen and cockpit roof. 3. Photograph of Venture 34 owned prior to bridge construction by Sharon Nicholson, owner of one of the lots located easterly of No Name Island. 4. Photograph of an 18 foot Century boat with bimini top measuring 78° from the water line belonging to a neighboring homeowner. Prior to construction of the bridge from Round Island Park to No Name Island, all of DECEMBER 14, 1999 BOOK 1 PAGE rnog mu 643 -1 these boats could, and regularly did, navigate the channel between the island and the park to and from the owners' docks and property to the Intracoastal Waterway. It was the only navigable access from their property and homes to open water and the channel 5. Letter from the Corps of Engineers, Department of the Army, dated July 25, 1991, indicating that a permit would be issued for construction of the bridge without public notice. 6. Letter from Harold Olsen, one of the affected landowners, dated October 17, 1996, to James Davis, protesting location of a bridge having a clearance less than ten feet because of the obstruction to boat traffic. Note that this letter was prompted by a news article in the Vero Beach Press Journal on October 5, 1996. 7. Letter from Ron A. DeCnazia dated October 21, 1996. 8. Letter responding to the foregoing two letters indicating that the County owns the bottom lands under the bridge and that nothing would be done regarding the property owners' concerns. Ownership of bottomland, even if true, does not carry with it the right to take away others' riparian rights. 9. Copy of Dedication from the Trustees of the Internal Improvement Fund of the State of Florida indicating, not that the County owns the property, but that it is owned by the Trustees and dedicated for public park and recreation purposes with a reverter clause if not used for such purposes within three years from March 2, 1965. Round Island Riverfront Park was created long ager 1968. 10. Letter dated November 18, 1996, from Harold Olson to James Davis indicating the effect of the value of the waterfront properties whose only access to the waters of the Intracoastal Waterway is by way of the channel between No Name Island and Round Island Paris. 11. Query dated March 18, 1997, from the St. Johns River Water Management District to James W. Davis seeking, in numbered paragraph 2, quantification of boat traffic and warning thatthe height of the bridge "may need to be raised based upon the quantity and type of boat traffic," all in connection with the County's pending application for permit to construct the bridge. 12. Response dated April 10, 1997, to the preceding item, indicating boat count was taken on April 8, 1997. This represented a count taken on one day of the year, a Tuesday, to quantify boat traffic through the navigable channel. 13. Letter dated August 11, 1997, from St. Johns River Water Management District giving consent to use state owned sovereignty submerged lands, based on the information supplied by Indian River County. Attached are the conditions to the District's consent to use of the bottom lands, reciting that the County acknowledges that the land is owned by the Board of Trustees of the Internal Improvement Trust Fund and, as the last item, DECEMBER 14, 1999 -62- • providing for removal of the structure upon entry of a "final adjudication issued by a court of competent jurisdiction that it encroaches or interferes with adjacent riparian rights." 14. Letter dated August 26, 1997, to United States Coast Guard from Indian River County, attaching a survey submitted with an application for a dock permit for only one of the homes located easterly of the bridge to No Name Island, but suggesting that it had application to all of the lots and homes. The referenced survey was in connection with a dock constructed by a property owner who, at that time, used the dock only for "Seadoos," shallow draft jet boats. Photographs have been supplied ofthe homeowners' boats which used the navigable channel between No Name Island and what is Round Island Park and which are not "small boats or canoes." 15. Letter from the United States Coast Guard dated October 8, 1997, approving, after the f&cL construction of the bridge without notice, based on the waterway's use only by "rowboats, canoes, and small motorboats," and pointing out that all other requirements of law must be obeyed and that the bridge must be removed when it ceases to be used for "transportation purposes." 16. Soundings at bridge location for formernavigable channel, prepared by David M. Jones, Surveyor. We have provided the County Attorney's office with cases indicating that interference with navigation is interference with riparian property rights and it is our position that this interference on the part of Indian River County, despite repeated warnings and pleas from the people affected, severely damaged the value of the properties involved and amounts to a taking of riparian rights prohibited by the Florida and United States Constitutions. MO1Vpkm Enclosures cc Terrence P. O'Brien, Esq., Asst. County Attorney (with enclosures) James E. Davis, P.E., Public Works Director (without enclosures) Charles Vinmac, Esq., County Attorney (without enclosures) James E. Chandler, County Administrator (without enclosures) DECEMBER 14, 1999 -63- • BOOK FA G E DECEMBER 14, 1999 0 -64- 0 Assistant County Attorney Terry O'Brien announced that the discussion item would proceed with Mr. O'Haire's presentation of his case; Public Works Director Jim Davis' presentation of the County's case; W. O'Haire's opportunity for rebuttal and cross- examination; the County's counsel's summarization; and then Mr. O'Haire's summarization. County Attorney Vitunac administered the oath to all who wished to give testimony and requested that they acknowledge that they had been sworn when preparing to speak. Attorney Michael O'Haire, representing the appellant, noted that this is an appeal to the Board from staff's decision on the construction of the bridge. He submitted as a part of the record an affidavit from Ron DeGrazia. Mr. O'Haire continued that, at the time the bridge was constructed, it was built under authority from all permitting authorities except the Coast Guard. Evidently no County employee noticed any boats at any of the docks before the bridge was built. However, common sense should have alerted them to question whether the owners of the docks had boats. The Indian River has vast stretches which are not navigable by power boats. The bridge's clearance at the pass-through is 5.5 feet. All the homeowners had boats with superstructures in excess of 5.5 feet and used the waterway before the bridge was built. The bridge is obstructing the only way to get to the intracoastal and the inlet. Riparian rights include the right to access your property and the Board must decide whether they have the right to take such private rights of access away. He stated that the County should compensate the owners in the amount of $50,000 to $100,000 per property and noted that the compensation matter was for another forum. He suggested that the County should raise or eliminate the bridge or dredge a channel. He believed that the permits to build the bridge were issued without public notice or hearing and that the Coast Guard was only advised of construction after the bridge was built. The County then audited boat traffic on a Tuesday DECEMBER 14, 1999 -65- DOOK h! EBUR 64 BOOK 1i �'k' � in April in the afternoon. By that time the waterway was blocked so they only saw canoes and other personal watercraft. His clients are asking that the County put them back in the situation they were in before the bridge was built and restore their ability to get to the intracoastal waterway. Commissioner Ginn questioned whether his clients had contacted the Coast Guard, and Mr. O'Haire responded that there was no notice to the clients. Public Works Director Jim Davis noted that he had been sworn and gave a brief history of the project. In 1981 the County planned to connect No Name Island to Round Island Park by a small bridge. The bridge was actually built in 1997. Director Davis showed a 1992 aerial on the ELMO and pointed out that there were no homes north of the peninsula, nor any docks. He then showed a 1994 aerial, again demonstrating no homes or docks. In 1996, home development began. County staff was in this area many times and had never seen any large boats using this area. The width of that channel is less than 100 feet, possibly 70 or 80 feet, and the area of the bridge is fairly deep, but just to the north it becomes very shallow. The docks were built in 1996 and 1997 and the water depth at the end of those docks is 2.5 feet. The County did submit permit applications to St. Johns River Water Management District and a public notice was published in the Press Journal that the County was building a foot bridge and a fishing pier to serve the public. There were many meetings before the public, both before the Board and before the Parks and Recreation Committee. The bridge was raised in response to several letters received from Mr. Olsen and Mr. DeGrazia. The Coast Guard simply wrote a letter stating that no permit was necessary. Director Davis continued that deep water access is the complaint and there is no channel between the peninsula and the end of the private docks. The water depth there is DECEMBER 14, 1999 0 -66- • • • only about 2.5 feeTand all the dock permits show use of a channel north of No Name Island. A survey was submitted with the dock permit applications showing that northerly channel. There is no deep water channel through the area of the bridge. Rights to access have not been impaired and he was uncertain what the issue is. In response to a question by Chairman Macht, Director Davis noted that the County owns the bottom lands under the foot bridge. He then introduced several Parks Department staff members. Freddie Green, Foreman of the Parks Department, stated that he had been sworn and has been visiting Round Island every day for the last 10 years for maintenance purposes and has never seen any large boats in the area. Bea Guy, Parks Department, stated that she has been with the County since 1974 and had never seen any boats in that area. She was there on a daily basis and was there during the construction of the docks and had never seen a boat at any of the docks. Clint Pease, Parks Department, had been sworn and had never seen any boats, even before the foot bridge was constructed. James "Chip" Boyette, Engineering Technician, noted he had been sworn, and stated that he was in the area last Thursday with a survey crew. He walked from the point all the way across the channel and never got more than 2.5 to 2.6 feet of water. They took soundings every 10 to 12 feet from Round Island to No Name Island and also from No Name Island to the tip of the peninsula where the water depth went from 1.5 to 2 feet. This is a DECEMBER 14, 1999 6008 very narrow channel, approximately 20 feet wide. He has spent extensive time on this island cutting exotics and removing them and had never seen a vessel at any of these docks. County Attorney Vitunac questioned whether the tide had any effect, and Mr. Boyette responded that the pictures being shown on the ELMO were taken at the approximate mean high waterline. County Attorney Vitunac asked that the photographs be introduced into evidence. Director Davis again noted that the channel used on the permit applications for the docks is to the north of No Name Island and there has never been an observable history of boats using this area. He also noted that the last few years have seen a tremendous increase in property values for this area. Mr. O'Haire questioned Director Davis' expertise in property appraisal, and Director Davis affirmed that he is not an expert in that field. Brian Poole, Environmental Planner, stated that he had been sworn, and continued that he had some part in the permitting of the docks during his employment with the Department of Environmental Protection. The DEP's request to show access to the Indian River was met with copies of the survey showing access through the channel to the north of No Name Island. Commissioner Stanbridge inquired whether the homeowners had requested dredging activity to maintain a channel, and Mr. Poole did not recall but stated that as the agency for the Trustees of the Internal Improvement Fund, it was the DEP's purpose to assure that the homeowners had reasonable riparian access. Mr. O'Haire wanted to clarify that the discussion regarding dock permits concerned only one owner, and Mr. Poole responded that it did. _ DECEMBER 14, 1999 -68- 0 0 Mr. O'Haue then questioned whether the Trustees of the Internal Improvement Fund own all the bottom lands, and 1VIr. Poole responded that they do not. Director Davis commented that all dock permit applicants used the same survey referred to earlier, changing only the lot numbers. Tom Brown, 2115 South A1A, stated he had been sworn, and indicated that his dock was the 2' dock from the north. He stated that 6 or 7 commercial fishing boats had taken refuge in the area during the last storm and they were long -line boats, 35 feet to 45 feet long. Harold Olsen, 2085 South AIA, stated that he had been sworn and pointed out the 1' dock to the north as his. He stated that he had owned a 24 -foot Rampage inboard motor boat and had accessed the deep water where the bridge now is. Prior to buying the property, he sounded the whole bay and never found less than 3 feet of water. He now has an 18 -foot Century skiff but had sold a 28 -foot Pursuit because he could not use it under the bridge. He offered to let the County use some of his property for spoil material should the County elect to dredge around the island. County Attorney O'Brien pointed out that the affidavit of Mr. DeGrazia could be considered by the Board but noted that there is no opportunity for cross-examination of Mr. DeGrazia. He continued that the Board should consider all the facts available and noted that when these people purchased their properties, ingress and egress were stated to be north of No Name Island. Access through the area of the bridge might be more convenient but was not a part of the permitting process. DECEMBER 14, 1999 -69- BOOK Ft �� BOOK �.� PAGE Mr. O'Haire stated that none of the homeowners built houses on their properties until potable water became available after the bridge was constructed. He believed the bridge to be responsible for the problems being encountered by his clients and noted that if no relief is possible before the Board, it can become a question of just money. He felt his clients are entitled to some sort of relief. Attorney Patrick Calcutt of Militana, Militana & Calcutt, 702 Bay Street NE, St. Petersburg, Florida, representing property owner Sharon Nicholson, noted that he has only recently been retained and has no new evidence to present. Ms. Nicholson owns the southernmost parcel, south of the southernmost dock. She purchased the property in 1994 before the bridge was built and she has a 34 -foot Venture boat. He stated that the County has taken the closest, deepest access and obstructed it with a foot bridge. He stated that the decision is whether or not there was a taking and, if so, what is the just compensation. Ms. Nicholson's home is currently under construction and the dock permit application being prepared at this time will be required to show access by the north channel solely because of the location of the bridge. Mr. Poole commented that he recalled that research at the time of the issuance of the permit for the foot bridge indicated that the State had dedicated submerged lands to the County for recreational uses. The County does own the submerged bottom in the location of the foot bridge. DECEMBER 14, 1999 0 -70- • ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously found that staff's findings are complete and the permits by the DEP designated the navigation channel to the north to be used by the homeowners on the north and the channel on the south to be used by the homeowners on the south; staff was correct in the project; and ruled that the foot bridge remain as permitted and constructed in the spring of 1997, in accordance with the recommendations in the Memorandum. PHOTOGRAPHS SUBMITTED BY CHIPBOYA=, ENGINEERING TECHNICIAN,• AFFIDAVIT OFRONA. DEGRAZIA; AERIAL PHOTOGRAPHS OFMARCH,1998, COPY OFROUND ISLAND CREEK OVERVIEWPLAN; AND COPY OFSPECIAL PURPOSESURVEYPREPARED FOR BONA. DEGRAZIA ARE ALL ONFH.EINTRE OFFICE OF THE CLERK To THE BOARD WITHTBE BACKUP FOR TODAY'S MEETING DECEMBER 14, 1999 -71- BOOK PAGE 8 0 0 K PA II.B. HURRICANE FLOYD PUBLIC ASSISTANCE DISASTER RELIEF FUNDING AGREEMENT WITH THE STATE OF FLORIDA. DEPARTMENT OF COMMUNITY AFFAIRS The Board reviewed a Memorandum of December 6, 1999: TO: Honorable Board of County Commissioners TMOUGH: Douglas Wright, Director `� Department of Emergency Services FROM: Nathan McCollum, Emergency Management Coordinator Department of Emergency Services DATE: December 6, 1999 SUBJECT: Approval OfHurricane Floyd Public Assistance Disaster ReliefFundirtg Agreement With The State Of Florida, Department of Comnumity Affairs (DCA #00 -EM :ac 10.40-01-004). On September 13, 1999, Governor Jeb Bush signed Execu tM Order #99-227, which declared a state of emergency for most Florida counties including Iridian River County. On September 22, 1999, President William J. Clinton included Indian River County when he declared parts of Florida as a major disaster area These two declarations allow govmmental agencies in Indian River County to receive reimbursement of expenses and damage during Hurricane Floyd Currently, Indian River County has been approved for projects totaling $902,239.25. Pursuant to Public Law 100-707 (Stafford Aatl the Federal Emergency Management Agency (FEMA) will reimburse 75% ($677,208.03) and Florida will reiruburse 12.5% (5112,868.01). Indian River County will be responsible for 12.5% ($112,868.0. Furtherprojects are meted to be forthcoming as soon as FEMA completes their audit of submitted documentation. The attached contract is the standard Disaster Relief Funding Agreement which has been submitted to each of the counties requesting state and federal assistance. This agreement provides instruction and procedures for items such as project approval, requests for reimbursement, quarterly reports, statement of assurances, contractor requirements, time line requirement, etc. It should be noted that although this is a standard agreement, ifappmpriations are rejected bythe FloridaLegislature or the United States Congress, Indian River County would have to complete the projects with no assistance. This agreement requires quarterly reports be completed by numerous county agencies in order to comply with cortract reimbursement protocol. RECONIIdENDATION: Staffrecommendsapproval oftheDisasterReliefFundingAgreement (DCA#00-EM-xx 10- 0-01-004)with the State ofFlorida, Department ofCommunity Affairs with attachments. Furthermore, staommends that the Board approve the appointment ofJames Chandler, County Administrator, as the primary designated agent and Douglas Wright, Director of Emergency Services, as the alternate designated agent. DECEMBER 14, 1999 -72- • ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously approved the Disaster Relief Funding Agreement (DCA #00-EM-xx-10-40-01-004) with the State of Florida, Department of Community Affairs with attachments and appointed James Chandler, County Administrator, as the primary designated agent and Douglas Wright, Director of Emergency Services, as the alternate designated agent, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H.C.I. BID #2014 - SOUTH COUNTY PARKS IMPROVEMENTS PHASE II - REJECT ALL BIDS The Board reviewed a Memorandum of December 6, 1999: DECEMBER 14, 1999 • BOOK [AGUE J' 4J FF, i I I BOOK 11.1 DATE: December6, 1999 TO. BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator FROM: Thomas Frame, General Services Director %� Fran Boynton -Powell, Purchasing Manager SUBJECT: Bid Award: IRC !l2014South County Parks Improvements Phase H Public Works/Enitineering Division BACKGROUND INFORMATION Bid Opening Date: November 3, 1999 at 2:00 P.M. Advertising Dates: October 12 & 19, 1999 Advertisements Mailed to: Thirty Seven (37) Vendors Replies: Six (6) Vendors VENDOR ORIGINAL TOTAL CORRECTED BID TOTAL Summa Conmuction Managenwu Vera $925,760.72 $925,761.52 Beach. Florida Adnan Investment & Development Jensen $926,726.40 Beach. Florida Butler Cantron Company $928,208.00 $929.238.35 Rockled Florida Specgle Construction Inc $978,000.00 Cocoa. Florida Chitdbers Construction Company 51,007,090.00 $1,008,740.00 Vero Beach. Florida McTeague Concoction Company $1,081,368.00 —Stuart. Florida SOURCE OF FUNDS South County Parks Improvements Phase II (315-210.572-068-05) ESTIMATED BUDGET $639,100.00 RECOMMENDATION Staff recommends that all bids be rejected due to the bid prices exceeding the budgeted amount, conduct a value engineering review with the architect and rebid the project. (See Department Memo.) ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Ginn, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously rejected all bids due to the bid prices exceeding the budgeted amount and authorized staff to conduct a value engineering review with the architect and rebid the project, as recommended by staff. — DECEMBER 14, 1999 -74- 19 11.C.2. WINTER BEACH CEMETERY LAND PURCHASE - WINTER BEACH CEMETERY ASSOCIATION (WOODLEY HOLDING COMPANY, TOM DEBERRU The Board reviewed a Memorandum of December 6, 1999: Date: December 6,1999 To: The Honorable Board of County Commissioners Thru: James E. Chandler, County Administrator From: Thomas W. Frame, General Services Director--/ dt % 4&w-�. Subject. Winter Beach Cemetery Land Purchase BACKGROUND: Winter Beach Cemetery has requested the County for several years to provide additional land for expansion purposes. Traditionally, the cemetery has provided burials for county residents and for indigent burials. The current cemetery -was established in 1908 as a donation for Felix Poppell. The grant of property was restricted to the burial plots being provided to residents at no costs. Over the course of time between resident burials and indigent burials, most of the burial plots have been exhausted. Currently, less than 300 burials remain that has not been granted to residents. These sites are available and are now only assigned on the basis on need. The number of actual indigent burials is unknown due to poor record keeping over the earlier years and because the metal marker used have deteriorated or become lost. It is estimated that there is in excess of 150 indigent burials on site. In August 1984, the Winter Beach Cemetery Association wrote the Board of County Commissioners and advised them unless the County provided additional land as it apparently had said it would in 1977, there would be no burials except for families already designated for burials within the cemetery. Many attempts were made to find suitable land the could be exchanged for recreation land which had. been previously dedicated for cemetery uses, but which could not be used due to federal land use restrictions when the property was acquired from the federal goverment (Hobart Recreational Area). After many attempts top find suitable exchange property failed, the County closed the case and advised the State accordingly. Chapter 245 F.S. states that if a. body goes unclaimed, the County is required to contact the State Anatomical Board to determine if the body is needed for medical purposes assuming the body is in proper condition. If not, then the disposal becomes the responsibility of the County to resolve. Currently, the Anatomical Board receives enough bodies within the area near the Anatomical Board such that it has no need generally. DECEMBER 14, 1999 r BOOK ill f'tgGt G The statues go further and state that if a relative of the deceased person is contacted and expresses a preference for either burial or cremation, the County shall make a reasonable effort to accommodate the request of the relative. In this case, the operative word is reasonable. In discussing this with the County Attorney's office, it was felt that if a burial plot could be purchased, then that would be considered reasonable and most likely the County would have to choose a burial over cremation if the requested by the survivor. ANALYSIS• In response to direction by the County Administrator on behalf of County Commissioner Stanbridge, I reviewed the circumstances of the Cemetery Association and the problem associated with indigent burials. The Cemetery Association had suggested that the County purchase the adjacent property immediately east of the cemetery that was for sale for the Association. In exchange, the Association would transfer ownership of an undeveloped three -acre tract located on the west end of the cemetery to the County. In addition, the Association would agree to guarantee 750 plots for the County's use for indigent burials. Predicated on the minimum cost of a burial site in Indian River County at $500 per site, this would result in savings of $375,000 less site purchase cost. Initial contact was made with the owner of the 6.45 acres located on the east end of the cemetery. Woodley Holding Company, Inc. owns the tract, and Tom DeBerry is the President. In discussing the matter early on with him, he expected the property to be worth approximately $20,000 per acre. During the summer, the Board appropriated $100,000 for acquisition purposes. An appraisal was made of the property and the appraised value came in at $100,000. After again meeting with Mr. DeBerry, I contacted the appraiser based on some concerns expressed by Mr. DeBerry. The appraiser indicated that he saw no reason to change the appraised value. I then proceeded to make a tentative offer subject to Board approval of $100,000. In light of options for other purchase, this tract seemed the best alternative even at the full -appraised price. Mr. DeBerry came back with a written acceptance provided there were no other costs (surveys, property taxes, or title fees). He also made an offer to sell the adjacent 2 acre tract located between the cemetery and 71 8' Street. With a purchase price of $100,000 and 750 burial plots for indigent burials, the individual cost per plot is $133.33 per plot, a savings of $366.67 per burial plot if compared to purchases form existing cemeteries. This would also address a concern for providing additional property to the Cemetery Association which the County has sought to accomplish for a number of years. The final benefit establishes the Winter Beach Cemetery as a more financially secure organization for long term maintenance. RECOMMENDATION: Agree to fund the purchase of the subject property containing approximately 6.45 acres for a purchase price of $100,000 net to seller subject to a fully executed agreement between the Board of County Commissioners and the Winter Beach Cemetery Association wherein the County agrees to exchange the subject property with title going to the Cemetery Association and the Winter Beach Cemetery Association agrees to grant title of the western most three (3) acres of the existing cemetery to Indian River County and, with the Cemetery Association agreeing to guarantee that 750 plots for future indigent burials are made available to the County at no costs. RelatiNe to the additional land (1.92 acres), staff has not made any analysis of this offer, but it should be noted that this site is higher in elevation and is cleared making it a very desirable site for additional cemetery expansion. Mr. DeBerry has offered to hold it aside if the Board has any interests in acquisition, providing an opportunity for the first refusal or a purchase option. Staff is seeking direction -on this matter. DECEMBER 14, 1999 • -76- 0 ON MOTION by Commissioner Grin, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously agreed to fund the purchase of the subject property containing approximately 6.45 acres for a purchase price of $100,000 net to the seller subject to a fully - executed Agreement with the Winter Beach Cemetery Association wherein the County agrees to exchange the subject property with title going to the Cemetery Association and the Winter Beach Cemetery Association agreeing to grant title of the westernmost three (3) acres of the existing cemetery to Indian River County and agreeing to guarantee that 750 plots for future indigent burials are made available to the County at no cost, as recommended by staff. AGREEMENT WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHET ISI EXECUTED AND RECEIVED DECEMBER 14, 1999 BOOK M Pt4GE 650 11.G.1. TRAFFIC SIGNALIZATION PLANS FOR (1) 17TH STREET AND INDIAN RIVER BOULEVARD: (21 Z1sT e s STREET AND 6TH AVENUE:(3) 45m STREET AND OLD DIXIE HIGHWAY: (4) CR -510 AND SR AIA: (5) SR -60 AND 661H AVENUE: AND (6) SR -60 AND 901H AVENUE (HUGHES HALL, INC. AND FLORIDA DATABASE SYSTEMS) The Board reviewed a Memorandum of December 2, 1999: assssassssasansasssasassnaamasssassssssssasasasssnsasanaaassassss TOt James E. Chandler County Administrator THRUt James W. Davis, P.E. Public Works Director✓ FROM: Christopher R. Mora, P.E. t - County Traffic Engineer SUBJECTt Traffic Sicnalization Plana Fora 1. 17" St. & Indian River Blvd (revision - span wire) 2. 21" St. & 6eb Ave . . . . . . . (rebuild - span wire) 3. 45th St. & Old Dixie Hwy (flashing beacon - span wire) 4. 69th St. & Old Dixie Hwy (flashing beacon - span wire) S. C.R. 510 & S.R. AIA . . . . . (revision - span wire) 6. S.R. 60 & 66`" Ave . . . . . . . (rebuild - mast arm) 7. S.R. 60 & 900° Ave . . . . . . (rebuild - span wire) DATEt December 2, 1999 aassssssasssasssaasssssssssasssssssssss�assssssasassasssssaasssms DESCRIPTION AND CONDITIONS The County Public Works Department is in need of traffic signalization plans for the seven subject intersections. The plans are necessary due to roadway construction projects or -traffic safety/congestion concerns at each intersection. DECEMBER 14, 1999 0 -78- • 0 • The County received quotes from three consultant firms. The lowest quote fora mast arm traffic signal design was from Hughes Hall, Inc. (HHI), in the amount of $8,000. The lowest quote for a standard (span wire) signal design was from Florida Database Systems, Inc. (FDSI), in the amount of $6,350. Both firms have prepared traffic signalization plans in the County in the past and are familiar with County plans preparation procedures. ALTERNATIVES AIM ANAIX91S The alternatives are as follows: Alternative No. 1 Authorize County staff to issue purchase orders to HHI and FDSI to proceed with the traffic plans preparation for all intersections. Alternative No. 2 Deny the proposals and cancel the projects. >zr CM2= TTONS AND FUNDING Staff recommends Alternative No. 1 - issuance of purchase orders to HHI and 'FDSI for the traffic plans preparation for all intersections. Funding is from the following account numbers: 1. 17th St. & Indian River Blvd. - $6,350 . . . 111-245-541-033.19 2. 21" St. & 6' Ave - $6,350 . . . 111-245-541-033.19 3. 45th St. & Old Dixie Hwy - $6,350 . . . 111-245-541-033.19 4. 69th St. & Old Dixie Hwy - $6,350 . . . 111-245-541-033.19 5. C.R. 510 & S.R. AIA - $6,350 . . . 111-245-541-033.19 6. S.R. 60 & 66th Ave - $8,000 . . . 111-245-541-033.19 7. S.R. 60 & 90th Ave - $6,350 . . . 111-245-541-033.19 ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously authorized staff to issue purchase orders to Hugh Hall, Inc. (HR and Florida Database Systems (FDSI) to proceed with the traffic plans preparation for all intersections, as recommended by staff. DECEMBER 14, 1999 -79- BOOK6p r � BOOK PAGE Gid .- 11.G.2. RESOLUTION FOR ASSISTANCE FROM BUREAU OF HISTORIC PRESERVATION'S GRANT PROGRAMS - ROUND ISLAND OCEANFRONT PARK - FLORIDA MARKER AND MUSEUM DISPLAY PROGRAM Deferred. 11.H.1. QUALITY FRUIT PACKERS - DOMESTIC WASTEWATER RESIDUAL AGREEMENT - WASTEWATER TREATMENT FACILITY The Board reviewed a Memorandum of December 2, 1999: DAZE: DECEMBER2,1999 TO: JAMES E. CHANDLER COUNTY ADNM41STRATOR FROM: DONALD R. HUBBS, .E. DIRECTOR OF UT11,17 Y S PREPARED STEVEN J. DOYI E P.E. AND STAFFED BY: CAPITAL PROJECTS M SUBJECT: DOMESTIC WASTEWATER RESIDUAL AGREEMENT QUALITY FRUfr PACKERS - WASTEWATER TREATMENT FACILITY BACKGROUND The Owners of Quality Fruit Packers located an US#1, Vero Beam, Fl. desire to utilize the Indian River County Residuals Management Facility to dispose of residuals fiom their onsite Wastewater Treatment Facility. ANALYSIS The COUNTY operates and matins a publicly owned Residuals Management Facility (Dewatering Facility), Permit #FLA -010434-001, which is capable of treating its own residual and accepting domestic wastewater residual fiom outside sources. The facility has been given approval and is operating under Florida Department of Environmental Protection (FDEP) permit in compliance with Florida Administrative Code (FAC), Chapter 62-0640, to properly treat and dispose of the residuals into a Class I Lined Landfill — DECEMBER 14, 1999 0 -80- • • QuaWnuit Pad= is required to maintain compliance with the permit conditions issued by the FDEP and the specific conditions of the Indian River County Department of Utility services fin acceptance of residuals to the IRC Residuals Nknagenicut Facility. The CUSTOMER shall provide for the transportation of all residuals, and will be charged the prevailing rates as defined in the Indian River County Utilities Schedule of Water and Sewer Rates, Fees and Charges. , RECObIl1�NDATION The staff of the Dquoueat of Unity Services recommends that the Board of County Cammissionas approve the attached Domestic Wastewater Residual Agreement as presented, and aurthorias the Chairman to cwcaute the same. ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously approved the Agreement for Transportation, Treatment and Disposal of Domestic Wastewater Residual with Quality Fruit Packers and authorized the Chairman to execute same, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.H.2. POINTE WEST DEVELOPMENT - DEVELOPER'S AGREEMENT FOR MASTER PLANNED FORCE MAIN AND WATER MAIN CONSTRUCTION The Board reviewed a Memorandum of December 6, 199: DECEMBER 14, 1999 -81- BOOK FAGE G"5 DATE: DECEMBER 6,1999 TO JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM DONALD R. HUBBS, .E DIRECTOR OF UTII.TIY S hI PREPARED STEVEN J. DOYLE, P.E. "� AND STAFFED CAPITAL PROJECTS MANAGER BY: SUBJECT: DEVELOPER'S AGREEMENT FOR POINTE WEST DEVELOPMENT MASTER PLANNED FORCE MAIN & WATER MAIN CONSTRUCTION BACKGROUND Pointe West of Vero Beach is a proposed development in the vicinity of 746 Avenue and 12th Street, south of State Road 60 and west of Kings Highway. A 124nch Master Plan waterline, a 204nch Master Plan waterline and a 16 -inch Master Plan Faroe main is scheduled for construction along the Developer's property. Pointe West of Vero Beach, Florida Limited Partnership (General Partner by Charles R. Mechling, President and Thomas R. Jonas, Secretary) has agreed to enter into a cost sharing agreement with the County to construct the master planned watedines and force mains m cenjuacdon with their site development. Attached is a proposed developer's agreement with Pointe Wast of Vero Beach, Florida Limited Partnership for reimbursement of a portion ofthe subject water lines and wastewater lines. A description ofthe proposed Master Plan lines is pry below and discussed in further detail in the Developer's Agmemeu. A 746 Avenue from SR -0 to 166 St. COUNTY MASTER PLAN Water Line: Furnish and insmll a 124nch PVC water main along 746 Ave. from SR -W to 166 St=tt. Make connection to an eadeng 124nch water line located on 746 Ave. approximately 350 lineal feet south of SR -60. The new water line shall extend south along 746 Ave. to 166 St near the NE Comer of the DEVELOPER's property for a total of 2,400 +/- lineal feet. B 166 Strut COUNTY MASTER PLAN Water Line• Furnish and install a 204nch PVC water main along 166 St. from 82od Ave. to 746 Avenue and from 746 Ave. to the eastern most property line of the DEVELOPER'S property. Total footage is approximately 9,200+/- linear feet. The DEVELOPER shall make connection to the water line referenced under item A, above. C, 746 Avenue to 86 St COUNTY MASTER PLAN Wastewater Form Main: Furnish and instil a 164nch PVC form main along 746 Ave. Make connection to an existing 12 -inch force main located on 746 Ave. near the intersection of Rosewood Road (approximately 2,600 lined feat south of SR -60). The new force main shall extend south along 746 Ave. to 86 St. (approximately 5,2001ionai feet). D 86 Street COUNTY MASTER PLAN Wastewater Form Main: Furnish and instil a 16 -inch PVC force main along a St from the intersection of 746 Ave. to 8V Avenue. The DEVELOPER shall make connection to the force main referenced under item C. above. This section of fora main along 86 St. is approximately 5,200 +/- lineal fat in length. As shown in Exhibit C-1 ofthe attached agreement, the estanated cost sharing between the Developer and the County for an 12 -inch water main along 74th Ave from SR -60 to 82°d Avenue Street is pmented in the Agreement and summarized below: DECEMBER 14, 1999 -82- • As shown M751 bit G2 of the attached agreement, the estimated cost sharing between the Developer and the County for an 16 -inch water main along 16th Sheet fiom 74th Ave to 82'd Avenue is pmsented is the Agreement and summarized below: As shown in E:hU* C-3 of the attached agm mien , the esthnated cost sharing between the Developer and the County for an 16 finch foloe main along 74th Ave is presented in the Agmcm mt and summarized below: As shown in (Exhibit C4 ofthe attached agreement, the estimated cost sharing between the Developer and the County for an 1644& Soni main fiom 8'h St. W 82 ad Avenue is presented in the Agreemelrt and summarized below: tion Dev s Share (+) County's Slur Total C -1 -12 -inch Water Main along 74 Ave. $0 $126,600.00 $126,600.00 C-2 —16 -inch Water Main along 16 St $74,812.50 $222,787.50 $297,600.00 C-3 —16 -inch Force Main alcag 74th Ave. $85,946.50 $188,753.50 $274,700.M - C -4 —16 -inch Force Main along r St $20,974.10 $242,925.90 $263,900.00 Total Cost S181,733.10 $781,066.90 5962,800.00 (`1 ucvatopw a am= a oaaea upon Wpwaale am ria Wargges at a mmrmnm or 3i11 z3/jt ror wale• and $15.77/tL for sewerpuusuant to Resolution 99-58. Construction of the water main and force main will allow the County to coordinate vgmsiou of the water distribution and wastewater collection system with development of the site and adjacent pmpmues. The County's share will be fimded firm the capacity charge fee fund. (See below for mom= mrmber.) RECOy The staff of the Department of Why Services recommends that the Board of County Commissioners approve the attached Developer's agreement as pmsented, and authorize the Chairman to eaecarte the same. ACCOUNTNO: Pending NAME: Utility Capacity Charge Fuad AMOUNT: 5781,066.90 ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously approved the Developer's Agreement for Construction of Off -Site Utilities with Pointe West of Vero Beach, Ltd., Limited Partnership for Pointe West of Vero Beach, Ltd. and authorized the Chairman to execute same, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE DECEMBER 14, 1999 CLERK TO THE BOARD -83- BOOK hi Frey - 11.H.3. POINTE WEST OF VERO BEACH — RECLAIMED WATER USE AGREEMENT FOR THE LINKS AT POINTE WEST GOLF COURSE The Board reviewed a Memorandum of December 2, 1999: GATE: DECEMBER2,1999 TO: JAMES E. CHANDLER COUNTY ADMINISTRAInR t � FROM. DONALD R. HUBBS, P E 1 lL1' DIRECTOR OF LrnLxIY S PREPARED STEVEN L DOYLE, PE. AND STAFFED CAPITAL PROJECTS LANA BY: SUBJECT: RECLAIIV® WATER USE AGREEAENT FOR POINTE WEST OF VERO BEACH - GOLF COURSE BACKGROUND Pointe Wen of Vero Beach Golf Course is a proposed development in the vicinity of 74" Avenue and 12* Street, south of State Road 60 and west of Kings Highway. As part of this development, the Owners of the Pointe West of Vero Beach Golf Course (The links at Point West, LLC) desire to utilize reclaimed water for golf course and landscape irrigation. ANALYSIS The COUNTY operates and mains publicly owned wastewater treatrnenI facilities which ace capable of producing irigat. a quality wastewater eluent (hereinafterre6erred to as "Reclaimed Wates which has been accepted by the Florida Depamneut of Environmental Protection (FDEP) for use an grass, woodlands, landscape, pastures, golf =um and other types of approved vegetation. The Links at Point West, in compliance with the permit conditions issued by the FDEP and the St. Johns River Water Management District (SJRWMD), res that using reclaimed water for irrigation is required when reclaimed water is available and its use is economically, enviro®entally amd technologically feasible and pursuant to Water Conservation Rule 40C 2.301(1) and (g) ofthe FkeridaAdminisaative Code. The DEVELOPER desires to utilize reclaimed water in accordance with the terms of the attached Reclaimed Water Use Agreement, FDEP Permits and SJRWNID-Consumptive Use Pent it. The Developer will be charged the prevailing rate of $0.15 per 1,000 gallon delivered for the treamrent and use of the reclaimed water, pursuant to Chapter 201. RECOMMENDATION Tire staff of the Department of Utility Services rccommena that the Board of County Commis or i ers approve the attached Roclaimed Water Use Agreement as pre9ento I, and authorizes the Chairman to execute the same. DECEMBER 14, 1999 ON MOTION by Commissioner Stanbridge, SECONDED by Commissioner Tippin, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously approved the Agreement for the Delivery of Reclaimed Water with The Links at Pointe West, Limited Liability Company and authorized the Chairman to execute same, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.A. CHAIRMAN KENNETH R. MRCHT - SCHOLARSHIP STUDENT ART (CLERK'S NOTE: THIS ITEM WAS PRESENTED PRIOR TO ITEM 5.A. BUT IS RETAINED IN THIS SPACE FOR CONTINUITY.) Chairman Macht commented that the Children's Services Advisory Committee helps to finance an arts camp for at -risk children. Each year 2 or 3 children from each discipline get a 9 -month privately fimded scholarship program. 2 of these scholarship recipients have brought their art work to show the public. He then introduced the Executive Officer of the Cultural Council, Kathleen Kye. Kathleen Kye thanked the Board for their support and emphasized what wonderful works have been accomplished in drama, sculpture, dance, and other arts. The 2 young ladies present were invited by Joan Edwards, head of the Pilot Club's Education Committee, DECEMBER 14, 1999 -85-n C-6 f BOOK � "��_ Oorj -- OOOK [XUL r- 131, to set up a booth and sell their work to raise monies for supplies for this coming year. The children all learned a lot about selling art and negotiating. The 2 paintings presented have been purchased by the Board for the Art in Public Places program. She then introduced the art instructor for these students. Mr. Sherman introduced the young artists, Crystal Ploszay and Kateryn Silva, and noted that he had volunteered to instruct them. They are very highly motivated and are working very hard. He also commended their parents who have supported them and made it possible for them to come to classes. He stated that these children had enriched his life and he looked forward to teaching them as long as they would have him. Chairman Macht also noted that, through the kindness of the Sheriff and many volunteers, a piano had also been finished to one of these students. NO ACTION REQUIRED OR TAKEN. 13.C. COMMISSIONER CAROLINE D. GINN - ESTABLISHMENT OF COUNTY ADMINISTRATION BUILDING ADVISORY COMMITTEE Commissioner Ginn suggested that each Commissioner make 2 appointments to the Committee at a meeting in January. Discussion and questions ensued regarding staffinvolvement, time limits, and whether or not a Commissioner should act as chair. DECEMBER 14, 1999 0 -86- ON MOTION by Commissioner Ginn, SECONDED by Commissioner Stanbridge, the Board, by a 4-0 vote (Commissioner Adams absent) unanimously deferred the item to the meeting of December 21, 1999. A.A. EMERGENCY SERVICES DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:20 a.m. ATTEST: J. K . on, Clerk : . �I % r „ , ,,., Minutes Approve DECEMBER 14, 1999 -87- BOOK i1i m�E U,'113`